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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS IVIembers and Sloan Foundation 



http://archive.org/details/ordinances90balt 



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ORDINANCES AND RESOLUTIONS 
OF THE 

Mayor And City Council 

OF BALTIMORE 

PASSED AT THE ANNUAL SESSION 1989-1990 







Mayor and City Council of Baltimore 

Department of Legislative Reference 

1990 



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I^O^lLJ. 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 

1989-1990 

CITY OF BALTIMORE 

ORDINANCE NO. 413 

(Council Bill No. 692) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 
BALTIMORE INTERNATIONAL YACHTING CENTER 

FOR the purpose of approving the application of Baltimore 
International Yachting Center Limited Partnership and 
Constellation Place Joint Venture, owners of certain real 
property and riparian rights, respectively, located in 
Baltimore City on the southwest side of Boston Street and 
the southeast side of Lakewood Avenue, known as 2701-45 
Boston Street (the "Property"), consisting of 7.1 acres of 
fast land, more or less, together with a pier containing 
approximately one acre, and together with the riparian area 
adjacent thereto, to have said Property redesignated as a 
Business Planned Unit Development, and to make certain 
changes in the existing Planned Unit Development affecting 
the Property, all in accordance with Sections 12.0-1 and 
12.0-4 o£ Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) and to approve the 
development plan submitted by Baltimore International 
Yachting Center Limited Partnership. 

BY amending Zoning District Maps 
Article 30 - Zoning 
Section 12.0-1 and 12.0-4 
Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, By Ordinance No. 1169 adopted by the Mayor and City 
Council on November 23, 1987, the Property was designated as 
Industrial Planned Unit Development; and 

WHEREAS, Said Ordinance provided for two phases in the 
Development Plan, the first phase pertaining to that portion of 
the Property located seaward of mean high tide in which a Marina 
is planned and/or constructed, and the second phase pertaining to 
the future redevelopment of the fast land portion of the 
Property; and 

WHEREAS, Ordinance No. 1169 further provided that plans for 
redevelopment of the fast land would be considered major 



Ord. No. 413 



amendments requiring approval by the Planning Commission and the 
City Council; and 

WHEREAS, The Owner desires to make certain minor amendments 
to the configuration of the phase one marina; and 

WHEREAS, The Property has been or will be concurrently with 
the passage of this Ordinance rezoned to a B-3-2 Zone, and 
consequently the Property is being amended to be a Business 
Planned Development in lieu of an Industrial Planned Development; 
and 

WHEREAS, On June 15, 1989, Baltimore International Yachting 
Center Limited Partnership met with the Department of Planning of 
Baltimore City to hold a pre-petition conference to explain the 
scope and nature of existing and proposed development on the 
Property in order to institute proceedings to have such Property 
redesignated as a Business Planned Development; and 

WHEREAS, Marina Ventures Internationale Ltd., hereby makes 
formal application to the City Council of Baltimore City and 
together herewith has submitted the requisite Development Plan, 
consisting of plans entitled The Yachting Center, P.U.D. 
Documents Shoot No. — PI - PG, — dated June 10, — 1900 , Sheet No. PI 
(revised November 15. 1989). Sheets No. P2 and P3 (dated June 19, 
1989). Sheet No. P4 (revised November 15. 1989) and Sheets No. P5 
and P6 (dated June 14. 1989). intended to satisfy the 
requirements specified in Section 12.0-1 and 12.0-4 of Article 30 
of the Baltimore City Code (1983 Replacement Volume, as amended); 
and 

WHEREAS, Baltimore International Yachting Center Limited 
Partnership, in requesting the introduction of this bill, 
signifies its intention to implement, execute and substantially 
complete the development of the Property in accordance with the 
Development Plan and the provisions hereof; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the application of Baltimore International 
Yachting Center Limited Partnership concerning the Property 
located on the southwest side of Boston Street and the southeast 
side of South Lakewood Avenue, known as 2701-2745 Boston Street, 
said property consisting of 7.1 acres of fast land, more or less, 
together with a pier containing approximately one acre, and 
together with the riparian area adjacent thereto, as outlined in 
the Development Plan accompanying this Ordinance, to designate 
said property as a Business Planned Unit Development pursuant to 
Article 30, Sections 12.0-1 and 12.0-4 of the Baltimore City Code 
(1983 Replacement Volume, as amended) be and it is hereby 
approved. 



Ord. No. 413 



SEC. 2. AND BE IT FURTHER ORDAINED, That the Development 
Plan submitted by Baltimore International Yachting Center Limited 
Partnership be and it is hereby approved and made a part hereof. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the marina phase 
of the Development Plan, described as the "first phase" in 
Ordinance No. 1169 and pertaining to the marina constructed 
seaward of mean high tide, is hereby modified and restated as 
provided on sheet P4 of the Development Plan accompanying this 
Ordinance. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in accordance with 
the provisions of Section 12. 0-4 (a), the following uses are 
permitted within the Planned Business Development: 

(a) All uses allowed as permitted by the provisions of 
Article 30, Section 6.3-1. 

(b) In addition: 

1. Marinas. 

2. Off-street parking garages. 

3. Open off-street parking. 

4. Outdoor table service shall be permitted when 
accessory to a restaurant. 

5. Maritime suppliers and servicing, including 
fuel piers. 

SEC. 5. AND BE IT FURTHER ORDAINED, That pending 
development and completion of all or a portion of the Property, 
but in no event later than June 30, 1990 (unless otherwise 
permitted under Section 4 above.) , the following additional uses 
shall be allowed as interim uses: 

(a) Boat sales, servicing and display establishments 
which shall not be required to be located wholly within enclosed 
structures. 

(b) Boat storage - dry stack. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the minimum yard 
requirements shall not be applicable to specific lots created 
within the Business Planned Unit Development. 

SEC. 7. AND BE IT FURTHER ORDAINED, That: 



Ord. No. 413 



(a) The developer of the Property shall construct a 
public promenade along the water's edge of varying depth, such 
promenade to be built in phases and to be approved by the 
Planning Commission. 

(b) The developer shall endeavor to achieve within 
the Lakewood View Corridor and Plaza an environment designed to 
promote and enhance the use of such areas by pedestrians. No 
asphalt surfaces shall be permitted on the Property within the 
drives, the Plaza or the Lakewood View Corridor. 

(c) The maximum height of buildings on the Property 
shall be as set forth on the Site Plan attached as PI to the 
Development Plan. 

SEC. 8. AND BE IT FURTHER ORDAINED, That subsequent to the 
passage of this Ordinance by the City Council, all substantial 
changes in the approved Development Plan for the property shall 
be reviewed and approved by the Planning Commission for insurance 
of such changes consistent with this Ordinance. 

SEC. 9. AND BE IT FURTHER ORDAINED, That subsequent to the 
passage of this Ordinance by the City Council, all plans for 
construction of permanent improvements upon the Property shall be 
reviewed and approved by the Planning Commission to insure that 
such plans are consistent with the Development Plan and this 
Ordinance . 

SEC. 10. AND BE IT FURTHER ORDAINED, That upon passage of 
this Ordinance by the City Council, as evidence of the 
authenticity of the Development Plan which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the City 
Council shall sign the Development Plan, and when the Mayor 
approves the Ordinance, he shall sign the Development Plan. The 
Director of Finance shall then transmit a copy of the Ordinance 
and the Development Plan to the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Supervisor of Assessments 
for Baltimore City, and the Zoning Administrator of Baltimore 
City. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be deemed to supersede and replace Ordinance No. 1169. 

SEC. 12. AND BE IT FURTHER ORDAINED, That the Ordinance 
shall take effect on the date of its enactment. 

Approved December 11, 1989 

KURT L. SCHMOKE, Mayor 



Ord. No. 414 



CITY OF BALTIMORE 

ORDINANCE NO. 414 

(Council Bill No. 696) 

AN ORDINANCE concerning 

URBAN RENEWAL - CANTON WATERFRONT - AMENDMENT 1 

FOR the purpose of amending the Urban Renewal Plan for Canton 

Waterfront to, among other things, expand the boundaries of 
the area generally northerly and westerly; incorporate the 
properties to be acquired and disposition lots from Fells 
Point to be added to Canton Waterfront and update and 
correct the exhibits to reflect current conditions; approve 
additional Renewal Plan objectives; revise and/or add 
permitted land uses; revise the height restriction; add off- 
street parking requirements applicable to certain 
properties; revise provisions on Zoning; approve 
rehabilitation standards for certain non-residential 
properties; provide that the approval of this Ordinance 
shall not be construed as enactment of such amendments to 
the Zoning Ordinance as are proposed in the amended Renewal 
Plan; approve controls governing waterfront development; 
approve architectural guidelines for new development; revise 
the community review provisions; add and/or revise certain 
Appendices and Exhibits attached to the Urban Renewal Plan 
to reflect the changes provided herein; waive such 
requirements, if any, as to content or procedure for the 
preparation, adoption, and approval of renewal plans as set 
forth in Article 13 of the Baltimore City Code which the 
Urban Renewal Plan for Canton Waterfront may not meet; 
provide for the separability of the various parts and 
applications of this Ordinance; provide that where the 
provisions of this Ordinance shall conflict with any other 
ordinance in force in the City of Baltimore, the provision 
which establishes the higher standard shall prevail; and 
provide for an effective date hereof. 

WHEREAS, An Urban Renewal Plan for Canton Waterfront was 
approved by the Mayor and City Council of Baltimore by Ordinance 
80, dated June 5, 1984; and 

WHEREAS, It is necessary to amend the Urban Renewal Plan for 
Canton Waterfront to incorporate certain of the recommendations 
of the "Baltimore Waterfront Study," an urban design plan for the 
Fells Point and Canton waterfront areas prepared by Notter, 
Finegold and Alexander Inc. in late 1988 as well as to expand the 
urban renewal boundaries westerly to include that portion of the 
Fells Point Urban Renewal Area which lies east of Chester Street 



Ord. No. 414 



and northerly to include several blocks in order to protect more 
of the Canton neighborhood by providing land use regulations, by 
recommending zoning district changes and by providing property 
rehabilitation standards for certain historic community business 
areas; and 

WHEREAS, Pursuant to Article 13 of the Baltimore City Code 
(1983 Replacement Volume, as amended) , no substantial change or 
changes shall be made in any renewal plan, after approval by 
ordinance, without such change or changes first being adopted and 
approved in the same manner as set forth in said Article 13 for 
the approval of a renewal plan, namely the preparation of such 
change or changes by the Department of Housing and Community 
Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adoption 
by an ordinance of the Mayor and City Council of Baltimore after 
a public hearing in relation thereto, all in the manner set forth 
in said Article 13; and 

WHEREAS, Said amended Urban Renewal Plan has been approved 
by the Director of the Department of Planning with respect to its 
conformity as to the Master Plan, the detailed location of any 
public improvements proposed in the amended Renewal Plan, its 
conformity to the rules and regulations for subdivisions, all 
zoning changes proposed in the amended Renewal Plan; and said 
amended Urban Renewal Plan has been approved and recommended to 
the Mayor and City Council of Baltimore by the Commissioner of 
the Department of Housing and Community Development; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the amended Urban Renewal Plan for Canton 
Waterfront, identified as "Urban Renewal Plan, Canton Waterfront 
. . . revised to include Amendment No. 1, dated June 6, 1989," 
and further revised November 27. 1989. having been duly reviewed 
and considered, is hereby approved and the Clerk of the City 
Council is hereby directed to file a copy of said amended Urban 
Renewal Plan with the Department of Legislative Reference as a 
permanent public record and to make the same available for public 
inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the boundary of the 
Canton Waterfront Urban Renewal Area shall be revised to expand 
the boundary generally westerly and northerly; therefore, the 
boundaries in Section 1 of Ordinance 80, dated June 5, 1984 shall 
be revised by deleting lines 1 through 42 on page 3 in their 
entirety and inserting the following language in lieu thereof: 

Beginning for the same at the east side of S. Chester 
Street the south side of Eastern Avenue; thence binding 
on the south side of Eastern Avenue easterly to 



Ord. No. 414 



intersect the east side of S. Patterson Park Avenue; 
thence binding on the east side of S. Patterson Park 
Avenue southerly to intersect the north side of Foster 
Avenue; thence binding on the north side of Foster 
Avenue easterly to intersect the east side of S. 
Montford Avenue; thence binding on the east side of S. 
Montford Avenue southerly to intersect the north side 
of Hudson Street; thence binding on the north side of 
Hudson Street easterly to intersect the east side of S. 
Lakewood Avenue; thence binding on the east side of S. 
Lakewood Avenue southerly to intersect the north side 
of Dillon Street; thence binding on the north side of 
Dillon Street easterly to intersect the west side of 
Binney Street; thence binding on the west side of 
Binney Street southerly to intersect the north side of 
O'Donnell Street; thence binding on the north side of 
O'Donnell Sreeet westerly to intersect the east side of 
S. Lakewood Avenue; thence binding on the east side of 
S. Lakewood Avenue southerly to intersect the south 
side of O'Donnell Street; thence binding on the south 
side of O'Donnell Street easterly to intersect the west 
side of S. Linwood Avenue; thence binding on the west 
side of S. Linwood Avenue northerly to intersect the 
north side of the first 10 foot alley north of 
O'Donnell Street; thence binding on the north side of 
said 10 foot alley easterly to intersect the east side 
of S. Potomac Street; thence binding on the east side 
of S. Potomac Street southerly to intersect the north 
side of Elliott Street; thence binding on the north 
side of Elliott Street easterly to intcroect the weot 
side of S. — Bouldin CtroGt; — thenc e binding on the west 
aide of S. — Bouldin Street northerly to intoraect the 
north oidc of O'Donnell Street; thence binding on the 
north side of O'Donnell Str ee t ea s terly to intersect 
the west side of G. — Conkling Str ee t; — thence binding on 
the west side of G, — Conkling Gtrcct southerly to 
inter se ct the north s ide of Elliott Street; — thence 
binding on the north side of Elliott Gtreet westerly to 
inters e ct the west side of Bayli s Str e et; — thence 
binding on the west side of Bayli s Gtreet southerly to 
int e rsect th e divi s ion line between Lot s 12 Qnd 13/1 6 , 
Block 6 4 Q2y — th e nce binding on s aid division lin e as 
ext e nded west e rly to intersect th e west s ide of the 
first 10 foot alley; thence binding on the west side of 
s aid all e y northerly to inter s ect the division line 
between Lots A , 3, 2, and 1 and Lot 13/16, Block G 4 Q2, 
as extended westerly to intersect the west side of S. 
Highland Avenue; thence binding on the west aide of G, 
Highland Avenu e southerly intersect the west side of S. 
Robinson Street; thence binding on the west side of 
Robinson Street southerly to intersect the south side 



Ord. No. 414 



of Toone Street; thence binding on the south side of 
Toone Street easterly to intersect the west side of S. 
Highland Avenue; thence to intersect the south side of 
Boston Street; thence binding on the south side of 
Boston Street westerly to intersect the west side of S. 
Clinton Street; thence binding on the west side of S. 
Clinton Street southerly to intersect the division line 
between Lot 3, Block 1902-F and Lot 1/3, Block 1903; 
thence binding on said division line westerly, 
southwesterly, and southerly; thence continuing on said 
division line as extended westerly a distance of 2,570 
feet, more or less, to a point; thence northwesterly 
from said point on a straight line a distance of 2,480 
feet, more or less, to intersect a line formed by 
extending the east side of S. Chester Street south from 
the water's edge; thence binding on said line and the 
east side of S. Chester Street northerly to the point 
of beginning. 

SEC. 3. AND BE IT FURTHER ORDAINED, That certain exhibits in 
the Canton Waterfront Urban Renewal Plan shall be revised to 
reflect the acquisition and disposition status of the properties 
to be transferred from the Fells Point to the Canton Waterfront 
Urban Renewal Areas, to make certain corrections and to designate 
certain properties acquired and disposed of by the Department of 
Housing and Community Development since the original Canton 
Waterfront Urban Renewal Plan was approved in 1984 - all as 
indicated on Exhibit 2, Property Acquisition and Exhibit 3, Land 
Disposition, both exhibits dated as revised June 6, 1989. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the additional 
objectives concerning a framework for development, marina spaces, 
design guidelines, harbor views and pedestrian access to the 
waterfront as contained in Section A. 2. entitled "Objectives and 
Reasons for the Various Provisions of this Plan" of the amended 
Urban Renewal Plan are hereby approved. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the revisions and 
additions to land uses permitted in Canton Waterfront as 
contained in Section B.l.of the amended Urban Renewal Plan 
entitled "Permitted Land Uses" and as indicated on Exhibit 1, 
Land Use Plan, dated as revised June 6, 1989 as further revised 
on November 27. 1989 to reflect the deletion of Section 
B. l.h. (c) . are hereby approved. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the height 
restriction contained in Section B.l. of the Urban Renewal Plan 
and in Section 14 of Ordinance 80, dated June 5, 1984, shall be 
revised as follows: 



[Non-Residential] Height Restriction 

8 



Ord. No. 414 



[All non-residentially designated areas on the Land Use Plan 
Map,] The height of new buildings or additions to existing 
buildings in the project area shall not exceed [a maximum 
building height of] 35 feet , with the exception of those 
buildings in Areas 1 through 4A as designated on Exhibit A 
where the height limitations in Appendix A - Waterfront Area 
Controls - shall apply . However, this 35 foot height 
restriction may be waived by the Commissioner of the 
Department of Housing and Community Development, if deemed 
appropriatef, after review of such development by the 
community pursuant to Section C.4.c. of this Urban Renewal 
Plant. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the additional 
requirements on off-street parking applicable to all properties 
within the area which are not to be acquired as contained in a 
new Section B.2.b.(4) entitled "Off-Street Parking Requirements" 
of the amended Urban Renewal Plan are hereby approved. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the revised 
language contained in the amended Urban Renewal Plan under 
Section C.6. entitled "Zoning" which clarifies the procedural 
requirements of the Zoning Ordinance of Baltimore City is hereby 
approved. 

SEC. 9. AND BE IT FURTHER ORDAINED, That permits shall not 
be issued for modifications to non-residential properties 
fronting on the 2100 (odd and even sides) , the 2200 (even side) , 
and the 2300 (even side) blocks of Boston Street, the 2100 (even 
side) block of Aliceanna Street, and the 2800 (odd side) and 2900 
(odd and even sides) blocks of O'Donnell Street unless the 
modifications conform to the standards described below. 

Existing materials on building facades may remain until the 
property owner chooses to alter the facade, or a portion thereof. 
The standards listed below shall apply only to the portion of the 
facade being altered. However, the Commissioner of the Department 
of Housing and Community Development may waive compliance with 
one or more of these standards if the proposed improvements do 
not adversely affect the objectives for the Canton Waterfront 
Urban Renewal Area. 

1 . Building Facades 

a. Building facades shall be cleaned, repointed, 
repaired or replaced in a workmanlike manner to 
match as closely as possible the original 
materials and construction of the building;. 

b. Cleaning of masonry facades by means of sandblasting 
shall not be permitted, except where sandblasting is 



Ord. No. 414 



determined by the Commissioner of the Department of 
Housing and Community Development to be the only 
feasible means of surface cleaning and where, in the 
Commissioner's opinion, it will not cause damage to 
historic building materials. 

c. Painted masonry walls shall have loose material 
removed. If painted, a single color shall be used 
except for trim (cornice, window frames, doors, etc.), 
which may be of another color. Patched walls shall 
match the existing adjacent surfaces as to material, 
color, bond and pointing; 

d. Original architectural appointments including, but not 
limited to, lintels, sills, fascias, cornices, eaves, 
dormers, chimneys, and original pitched roofs shall be 
restored or replaced to match as closely as possible 
the original patterns. All exposed wood shall be 
painted or stained, or otherwise treated for 
protection; 

e. Enclosures or security grilles and screens should be as 
inconspicuous as possible and compatible with other 
elements of the facades; 

f. Resurfacing of existing brick facades with materials 
such as formstone, wood siding, structural glass 
veneer, aluminum siding, etc. shall not be permitted. 
When retained, painting of existing formstone facades 
will be encouraged; 

g. Existing miscellaneous elements on the building fronts 
such as empty electrical or other conduits, unused sign 
brackets, etc., shall be eliminated; 

h. Side walls, where visible from a public street, shall 
be finished or painted so as to harmonize with the 
front of the building; and 

i. Owners may retain, replace or repair existing formstone 
facades on their buildings. 

Windows 

a. Original window and door openings shall be retained and 
restored. Window styles are to be in conformance with 
the original design of the window style for the 
building facade; 

b. Show windows, where existing on buildings used as 
residences, shall be rehabilitated so as to be 

10 



Ord. No. 414 



compatible with the original architectural character of 
the structure; 

c. Solid or permanently enclosed or covered storefronts 
and windows shall not be permitted, except when 
approved by the Fire Department and the Commissioner of 
the Department of Housing and Community Development. In 
such cases where approval has been obtained, sills, 
lintels, and frames must be removed and the opening 
closed to match the material, design and finish of the 
adjacent wall; 

d. Show windows, entrances, signs, lighting, security 
grilles, etc. shall be compatible, harmonious and 
consistent with the original scale and character of the 
structure; 

e. All screens and grilles protecting entrances and show 
windows must be constructed so they can be fully opened 
or removed. Such screens and grilles shall be opened or 
removed during the normal business hours of that 
business; 

f . Enclosures and housing for security grilles and screens 
shall be as inconspicuous as possible, and compatible 
with other elements of the facade; and 

g. No temporary or permanent sign affixed or placed 
against the inside surface of a show window shall 
exceed 2 0% of the area of that show window. 

3. Signs 

a. No billboards of any kind shall be permitted. 

b. Roof top signs, signs above the parapet of the 
building, flashing signs or moving signs, except barber 
poles, shall not be permitted. 

c. Flat signs placed parallel to the building face shall 
not exceed two square feet of area for every linear 
foot of frontage. 

d. One projecting sign shall be permitted for each 
establishment provided it is perpendicular to the 
building face. No projecting sign shall exceed four 
square feet in area and shall be placed no higher that 
the bottom of the second story window where windows 
exist - or 14 feet above grade level - whichever is 
lower. 



11 



Ord. No. 414 



e. A flat sign on the side and front of a building is 

permitted provided that the total square footage of all 
signs does not exceed 2 square feet of area for every 
linear foot of frontage. 

Landscaping 

All land not covered by structures, paved parking, loading 
or related service areas, paved areas for pedestrian 
circulation, or decorative surface treatments shall be 
provided with landscape treatment. Landscape treatment 
encompasses the planting of any, all, or a combination of 
the following: trees, shrubs, ground cover, grass, flowers. 
The amount of landscaping should be determined by the nature 
of the development and should serve to improve the utility 
of the site, soften and relieve the effects of structure and 
pavement, and provide visual harmony. 



5. Easements 



No buildings, structures or parking areas shall be 
constructed over an easement within the project area without 
the prior consent of the Commissioner of the Department of 
Housing and Community Development and the Director of Public 
Works . 



6. Fences 



Fences visible from any street must be brick, brick faced 
block, board on board, picket or wrought iron. 



7. Storage 

a. No materials shall be stored or permitted to remain 
outside buildings. No waste material, refuse, or 
garbage shall be permitted to remain outside buildings 
except as permitted by the Baltimore City regulations 
regarding containers for garbage; the areas for such 
containers shall be properly screened. 

b. Outdoor storage areas and loading areas shall be 
appropriately screened from all adjacent streets. 
Appropriate screening shall include, but is not 
necessarily limited to, solid and perforated masonry 
walls, solid fences, trees and shrubs planted at 
appropriate intervals, or a combination of these. 

8 . Contemporary Elements 

a. Antennae, air conditioning equipment, commercial 

exhaust fans, grilles, and other contemporary elements 
shall be inconspicuous as possible. 

12 



Ord. No. 414 



b. Decks and satellite dishes (subject to approval by the 
Board of Municipal and Zoning Appeals) shall be located 
so that they are not visible from any public street. 

c. Any mechanical equipment placed on a roof shall be 
located and treated so as to be as inconspicuous as 
possible. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the approval of 
Amendment No. 1 to the Urban Renewal Plan for Canton Waterfront 
shall not be construed as an enactment of the amendments to the 
Zoning Ordinance whereby zoning district changes are recommended 
for certain properties - all as shown in the amended Urban 
Renewal Plan on Exhibit 4, Zoning Districts, dated as revised 
June 6, 1989 . and further revised on November 27. 1989 to reflect 
the rezoninq of 2108 Boston Street from M-1 to B-2~4 and the 
rezoninq of 2351-2439 Boston Street from B-2-3 to B-2-2 . 

SEC. 11. AND BE IT FURTHER ORDAINED, That the special 
controls governing development along the waterfront regarding 
pedestrian access, promenade standards, public access corridors, 
and height restrictions as contained in a new appendix to the 
Urban Renewal Plan entitled "Waterfront Area Controls" are hereby 
approved— , as revised to include the following; ■ 

a. On page 12. line 19 after "promenade" insert "or 
easement" ; 

line 20. strike "developer" and substitute 
"propertv owner" ; 

line 31. after the period insert "The Commissioner 
may extend the time for completion of the 
Pedestrian Promenade or if it is deemed necessary 
to do so for the health, safetv. and welfare of 
the citizens." 

line 50. before the period insert "or whose 
presence in the promenade is deemed necessary by 
the Commissioner" 

on page 13. line 4. after the semi-colon insert: 

"(c) where site conditions are such that the cost 
of construction would be impractical"; strike 
"(c)" and substitute "(d)". 

b. On page 13. at the end of the Public Access 
Corridors section, insert the following; 



13 



Ord. No. 414 



" View Corridors, The following public streets. 
Chester Street. Lakewood Avenue, and Potomac 
Street, along with an area at the foot of the 
Pagoda in Patterson Park to the flag at Fort 
McHenry. shall be designated long view corridors. 
New obstructions, such as balconies, bridges or 
structures shall be permitted only with prior 
a pproval of the Commissioner."; 

c. On page 14. in the language concerning Area 3. 
strike the phrase "a maximum of 60 feet" and 
substitute 'a maximum height no higher than the 
existing properties at 2351-2439 Boston Street'." 

d. On page 13 in the language concerning Area 4A. 
strike "not to exceed 200 feet in height" and 
substitute "not to exceed 150 feet in height". 

SEC. 12. AND BE IT FURTHER ORDAINED, That the architectural 
guidelines for new development which have been incorporated into 
a new appendix to the Urban Renewal Plan entitled "Architectural 
Guidelines and Property Rehabilitation Standards" which also 
contains the standards contained in Section 9 of this Ordinance 
are hereby approved. 

SEC. 13 AND BE IT FURTHER ORDAINED. That the following 
changes are made to the Canton Waterfront Renewal Plan: 

a^ On page 11. in Section C. TECHNIQUES USED TO 

ACHIEVE PLAN OBJECTIVES 4.C. Community Review - 
strike the existing language and substitute the 
following: 

The Department of Housing and Community 
Development shall submit to all community 
organizations in the Canton Waterfront Urban 
Renewal Area, as listed in the Community 
Association Directory published by the 
Planning Department, for their review and comment 
the form and content of all significant 
development proposals within the Canton Waterfront 
Urban Renewal Area. Significant development 
proposals are those which: 

1. propose new construction. 2. propose 
substantial exterior renovation. 3. propose 
changes to zoning districts or amendments to thi: 
plan, or 4. all proposed demolition of any 
structure except insignificant elements or 
additions. The above community organizations 
shall advise the Department of their 

14 



Ord. No. 414 



recommendations regarding the acceptability 
and/or priority of all plans and proposals. The 
written comments by the community organizations 
shall be transmitted to the Department of Housing 
and Community Development no later then four (4) 
weeks after the proposals and/or plans have been 
submitted to the appropriate community 
organizations; otherwise, it is presumed that the 
proposals and/or plans are acceptable. VThere 
public health and safety dictate, the Commissioner 
may issue permits without regard to these 
Community Review procedures. The Commissioner of 
the Department of Housing and Community 
Development retains final authority to approve or 
disapprove all plans and to grant or withhold 
development priorities, and to dispose of 
redevelopment land through procedures established 
by the Department of Housing and Community 
Development. 

b^ On page 11. in Section E. PROCEDURES FOR CHANGES 
IN APPROVED PLANS 1. Submittal of Changes to the 
Community - strike the existing language and 
substitute the following: The Department of 
Housing and Community Development shall submit to 
the appropriate Canton Waterfront community 
organizations as defined in paragraph C.4.C. above 
for their review and comment, all proposed 
amendments to the Urban Renewal Plan no later than 
the time the proposed amendments are submitted to 
the Director of Planning bv the Department of 
Housing and Community Development. Any written 
comments and recommendations by the community 
organizations shall be transmitted to the 
Department of Housing and Community Development no 
later than four (4) weeks after the proposed 
amendments have been submitted to the appropriate 
community organizations. Prior to the passage of 
any ordinance amending the Urban Renewal Plan, a 
public hearing shall be held and the community 
organizations shall receive written notice of the 
time and place of such hearing at least ten (10) 
days prior to such hearing.". 

SEC. ^^-r 14^ AND BE IT FURTHER ORDAINED, That the following 
revised and/or new Appendices and Exhibits are hereby approved: 
Appendix A - Waterfront Area Controls and the accompanying 
Exhibit A of the same title, Appendix B - Architectural 
Guidelines and Property Rehabilitation Standards, Exhibit 1 - 
Land Use Plan, Exhibit 2 - Property Acquisition, Exhibit 3 - Land 
Disposition, and Exhibit 4 - Zoning Districts, all dated as 
revised June 6, 1989 . further revised on November 27. 1989 . 

15 



Ord. No. 415 



SEC. ^r^ 15^ AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the said amended Renewal Plan approved hereby 
may not meet the requirements as to the content of a Renewal Plan 
or the procedures for the preparation, adoption, and approval of 
renewal plans, as provided in Article 13 of the Baltimore City 
Code (1983 Replacement Volume, as amended), the said requirements 
are hereby waived and the amended Renewal Plan approved hereby is 
exempted therefrom. 

SEC. i6^ 16^ AND BE IT FURTHER ORDAINED, That in the event 
it be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this Ordinance or 
the application thereof to any person or circumstances is 
invalid, the remaining provisions and the application of such 
provisions to other persons or circumstances shall not be 
affected thereby, the Mayor and City Council hereby declaring 
that they would have ordained the remaining provisions of this 
Ordinance without the word, phrase, clause, sentence, paragraph, 
section or part or the application thereof so held invalid. 

SEC. 9r6^ 17_^ AND BE IT FURTHER ORDAINED, That in any case 
where a provision of this Ordinance concerns the same subject 
matter as an existing provision of any zoning, building, 
electrical, plumbing, health, fire, or safety ordinance or code 
or regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, that 
if such provisions are found to be in irreconcilable conflict, 
the provision which establishes the higher standard for the 
promotion and protection of the public health and safety shall 
prevail. In any case where a provision of this Ordinance is found 
to be in conflict with an existing provision of any other 
ordinance or code or regulation in force in the City of Baltimore 
which establishes a lower standard for the public health and 
safety, the provision of this Ordinance shall prevail, and the 
other existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be found 
in conflict with this Ordinance. 

SEC. i^?-r 18_^ AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved December 11, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 415 

(Council Bill No. 737) 



16 



Ord. No. 416 



AN ORDINANCE concerning 

REZONING - 2701-2745 BOSTON STREET 

FOR the purpose of changing the zoning for the properties known 
as 2701-2745 Boston Street from the M-3 Zoning District to 
the B-3-2 Zoning District, as outlined in red on the plats 
accompanying this ordinance. 

BY amending Zoning District Maps 
Sheets No. 67 and 68 
Article 30-Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheets No. 67 and 68 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by 
changing from the M-3 Zoning District to the B-3-2 Zoning 
District the properties on the southwest side of Boston Street, 
southeast of S. Lakewood Avenue, known as 2701-2745 Boston 
Street, as outlined in red on the plats accompanying this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day, after the date of its 
enactment. 

Approved December 11, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 416 
(Council Bill No. 639) 
AN ORDINANCE concerning 

17 



Ord. No. 417 



BUILDING CODE - RAZING OF STRUCTURES 

FOR the purpose of prohibiting demolition operations within a 
certain distance of residential ar e a s dwellings between 
certain hours; providing for a waiver an exemption under 
certain circumstances by the Commissioner of the Department 
of Housing and Community Development. 

BY adding to 

Article 32 - Building Code 

Section 105.7 

Baltimore City Building Code (1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Building Code 
(1987 Edition, as amended) be added, repealed, or amended to read 
as follows: 

ARTICLE 32 - BUILDING CODE 

Section 105.0 Razing of Structures 

SECTION 105.7 STRUCTURES SHALL NOT BE RAZED BETWEEN THE 
HOURS OF 7 P.M. AND 7 A.M. WITHIN 3 00 FEET OF RESIDENTIAL AREAS. 
DWELLINGS. THE BUILDING OFFICIAL MAY WAIVE THE PROVISIONS OF THIS 
SECTION FOR GOOD CAUSE. PROVIDED THAT "EMERGENCY" DEMOLITION 
OPERATIONS AS DETERMINED BY THE BUILDING OFFICIAL ARE EXEMPT FROM 
THESE PROVISIONS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 



Approved December 15, 1989 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 417 



(Council Bill No. 640) 

AN ORDINANCE concerning 

BUILDING CODE - PILE DRIVING 

FOR the purpose of prohibiting pile driving operations within a 
certain distance of residential areas dwellings between 
certain hours; providing for a waiver an exemption under 
certain circumstances by the Commissioner of the Department 
of Housing and Community Development. 

18 



Ord. No. 418 



BY adding 

Article 32 - Building Code 

Section 1213.21 

Baltimore City Building Code (1987 Edition, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Building Code 
(1987 Edition, as amended) be added, repealed, or amended to read 
as follows: 

ARTICLE 32 - BUILDING CODE 

Article 12 - Foundation Systems and Retaining Walls 

Section 1213.0 Pile Foundations 

SECTION 1213.21 PILES SHALL NOT BE DRIVEN BETWEEN THE HOURS 

OF 7 P.M. AND 7 A.M. WITHIN 300 FEET OF RESIDENTIAL AREAS. THE 

DWELLINGS. BUILDING OFFICIAL MAY WAIVE THE PROVISIONS OF THIS 
SECTION FOR GOOD CAUSE. PROVIDED THAT "EMERGENCY" PILE DRIVING 
OPERATIONS AS DETERMINED BY THE BUILDING OFFICIAL ARE EXEMPT FROM 
THESE PROVISIONS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved December 15, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 418 

(Council Bill No. 644) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
OPEN OFF-STREET PARKING LOT 

FOR purpose of granting permission for the establishment, 

maintenance and operation of an open off-street parking area 
on the properties known as 202 South Paca Street, 501 and 
511-517 West Pratt Street, as outlined in red on the plats 
accompanying this ordinance and providing for the 
termination of this ordinance . 

BY authority of 

Article 30 - Zoning 

19 



Ord. No. 419 



Section(s) 6.4-ld and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street 
parking area on the properties known as 202 South Paca Street, 
501 and 511-517 West Pratt Street, as outlined in red on the 
plats accompanying this ordinance, and to be constructed as shown 
on the site plan dated 9/6/89. under the provisions of Section (s) 
6.4-ld and 11.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) , title "Zoning" subject to the 
condition that approved perimeter fencing will be installed 
immediately. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. It shall remain effective for the term of the current 
lease and, at the end of April 30. 1992. and with no further 
action required by the Mayor and City Council, this ordinance 
shall be abrogated and of no further force and effect. 

Approved December 15, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 419 

(Council Bill No. 775) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 375, approved 

May 2, 1985, which provided for reserved handicap parking on 
the east side of Washington Street, for William Burke. 

20 



Ord. No. 420 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 375, approved May 2, 1985, is 
hereby repealed and the authorization for reserved handicap 
parking on the east side of Washington Street north of Gough 
Street therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved December 15, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 420 

(Council Bill No. 699) 

AN ORDINANCE concerning 

RETIREMENT - EARLY RETIREMENT 

FOR the purpose of clarifying restating the method of calculation 
of retirement benefits for a Class C employee removed , on or 
after July 1. 1985. from a regular permanent position of the 
City without fault on the employee's part after the 
acquisition of -S^ the required years of service but before 
attaining the age of 65. 

By repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Employees' Retirement System 
Section 9(f) (2b) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

9. Class C membership. 

(f) Early retirement. 



21 



Ord. No. 421 



(2b) Should a Class C member be removed from a regular 
permanent position of the City without fault on his or her part 
after the acquisition of 20 years of service (30 years of service 
if removed before July 1. 1987) . but has not attained the age of 
65, such member shall be entitled to receive a retirement benefit 
based on the actual years of service credit and equal to the 
pension the member would receive if he or she had already 
attained the age of 65, the normal retirement age. The 
[reductions] REDUCTION contained in [Sections 9(f)(l)(ii) and] 
SECTION 9(f)(l)(iii) of this subtitle shall not apply. IN 
ADDITION, THE PRIMARY SOCIAL SECURITY BENEFIT WILL BE CALCULATED 
ON THE ASSUMPTION THAT THE MEMBER WOULD HAVE NO EARNINGS AFTER 
THE CALENDAR YEAR PRIOR TO THE YEAR OF RETIREMENT UNDER THIS 
SECTION 9(F)(2), NOTWITHSTANDING THE PROVISIONS OF SECTIONS 
9(F) (11(11) OR ANY OTHER PROVISION OF THIS SUBTITLE WHICH 
PROVIDES FOR THE USE OF LEVEL FUTURE EARNINGS. THE AGSUMPTIOH 
THAT THE EMPLOYEE HAG ATTAINED AGE 6 5 SHALL BE USED FOR ALL 
CALCULATIONS OF THE RETIREMENT BENEFIT. However, any military 
leave credit claim shall continue to be subject to the conditions 
contained in Section 9(d)(2) of this subtitle. 

Sec. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect retroactively to July 1, — 1907 and shall apply 
to employcGG retiring after July 1, — 1Q07 . on February 1. 1990. 
subject to the following: 

(a) The provisions of Section 9(f) f 2b) above shall apply to 
all eligible members retiring on or after July 1, 1985 and their 
beneficiaries ; 

(b) Any increased benefit payments for any member affected 
hereby shall apply to the first payment due after the effective 
date of this ordinance, with no increase for any payments due 
prior to the effective date; 

(c) No variable benefit increases occurring prior to January 
1991 shall be applied to the portion of any benefit attributable 
to the increase provided by this ordinance. 

Approved December 22, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 421 
(Council Bill No. 731) 
AN ORDINANCE concerning 

22 



Ord. No. 421 



ZONING - AMENDMENT TO PLANNED 
UNIT DEVELOPMENT - LIBERTY MEDICAL CENTER, INC. 

FOR the purpose of approving the application of Liberty Medical 
Center, Inc. to amend the Planned Unit Development approved 
by Ordinance No. 604, approved April 15, 1982, and to 
approve the amended Development Plan submitted by the 
applicant. 

BY authority of 

Article 30-Zoning 

Sections 12.0-1 and 12.0-2 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, Ordinance No. 604, approved April 15, 1982, enacted 
a Planned Unit Development in accordance with Section 12.0-1 of 
Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) and approved the Development Plan submitted by 
Provident Hospital, Inc. concerning property owned by Provident 
Hospital, Inc. and lying generally northwest of the intersection 
of Liberty Heights Avenue and Reisterstown Road in Baltimore 
City, Maryland, consisting of 20.64 acres, more or less, 
generally known as 2600 Liberty Heights Avenue, to have said real 
property designated a Planned Unit Development; and 

WHEREAS, In 1986 Provident Hospital and Lutheran Hospital 
merged to become Liberty Medical Center, Inc. ; and 

WHEREAS, Liberty Medical Center, Inc. wishes to amend the 
Development Plan approved by Ordinance No. 604 to permit the 
construction of a medical office building on the property 
generally known as 2 600 Liberty Heights Avenue; and 

WHEREAS, On August 14, 1989, representatives of Liberty 
Medical Center, Inc. met with the Department of Planning to hold 
a pre-petition conference to explain the scope and nature of the 
proposed amendment to the Development Plan; 

WHEREAS, Together herewith, Liberty Medical Center, Inc. has 
made formal application to the City Council of Baltimore and has 
submitted an amendment to its Development Plan originally 
approved by Ordinance No. 604, and intended to satisfy the 
requirements specified in Sections 12.0-1 and 12.0-2 of the 
Baltimore City Code (1983 Replacement Volume, as amended); now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the application of Liberty Medical Center, Inc., 
as outlined in the amended Development Plan accompanying this 
Ordinance, to amend the Planned Unit Development approved by 
Ordinance No. 604, approved April 15, 1982, pursuant to Article 

23 



Ord. No. 422 



30, Sections 12.0-1 and 12.0-2 of the Baltimore City Code (1983 
Replacement Volume, as amended) , be and it is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the amended 
Development Plan submitted by Liberty Medical Center, Inc. 
prepared by Universal Medical Buildings, consisting of Exhibit 1, 
Existing Plan, Exhibit 2, Proposed Plan, Exhibit 3, Landscape 
Plan, Exhibit 4, Site Grading Plan, Exhibit 5, Site Utility Plan, 
Exhibit 6, Floor Plan of the proposed office building. Exhibit 7, 
Elevation Plan, each dated August 14, 1989, attached hereto and 
made a part hereof, be and it is hereby approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That upon passage of 
this Ordinance by the City Council, as evidence of the 
authenticity of the amended Development Plan which is a part 
hereof and in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the City 
Council shall sign the Amended Development Plan, and when the 
Mayor approves the Ordinance, he shall sign the amended 
Development Plan. The Director of Finance shall then transmit a 
copy of the Ordinance and the amended Development Plan to the 
Board of Municipal and Zoning Appeals, the Planning Commission, 
the Supervisor of Assessments for Baltimore City and the Zoning 
Administrator . 

SEC. 4. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved December 22, 1989 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 22 

(Council Bill No. 774) 

AN ORDINANCE concerning 

SUPPLEMENTARY MOTOR VEHICLE FUND OPERATING APPROPRIATION - 
MAYORALTY RELATED: B/E DEBT SERVICE 

FOR the purpose of providing a supplementary Motor Vehicle Fund 
operating appropriation in the amount of Four Million Nine 
Hundred Forty Thousand Dollars ($4,940,000) to the 
Mayoralty-Related: B/E Debt Service (Program 123 - General 
Debt Service) to be used to meet debt service obligations. 

By authority of 

Article VI - Board of Estimates 

24 



Ord. No. 422 



Section 2 (h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
available from interest earnings in the Motor Vehicle Fund in 
excess of the amounts from these sources estimated and relied 
upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1990 fiscal year, and said 
money is therefore available for appropriation to the Mayoralty- 
Related: B/E Debt Service pursuant to the provisions of Article 
VI, Section 2(h)(3) of the Baltimore City Charter (1964 Revision 
as amended; and 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 
formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary Motor Vehicle Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
eleventh day of October, 1989, all in accordance with Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 Revision as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 
the sum of Four Million Nine Hundred Forty Thousand Dollars 
($4,940,000) shall be made available to the Mayoralty-Related: 
B/E Debt Service (Program 123 - General Debt Service) as a 
supplementary Motor Vehicle Fund operating appropriation for the 
fiscal year ending June 30, 1990 to meet debt service obligations 
which could not reasonably be anticipated at the time of 
formulation of the proposed fiscal 1990 Ordinance of Estimates. 
The amount thus made available as a supplementary Motor Vehicle 
Fund operating appropriation shall be expended from revenue 
available from interest earnings in the Motor Vehicle Fund in 
excess of the amounts from this source which was estimated or 
relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1990 fiscal year; and said 
funds from said interest earnings in the Motor Vehicle Fund shall 
be the source of revenue for this supplementary Motor Vehicle 
Fund operating appropriation as required by Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



25 



Ord. No. 423 



Approved December 22, 1989 

KURT L. SCHMOKE, Mayor 



ENROLLED 

CITY OF BALTIMORE 

ORDINANCE NO. 423 

(Council Bill No. 446) 

AN ORDINANCE concerning 

DISCRIMINATORY PRACTICES 

FOR the purpose of prohibiting certain discriminatory practices 
against persons because of marital status, prohibiting 
certain discriminatory acts related to housing, expanding 
the compensatory damages which may be awarded, af^ requiring 
certain violations to be reported to the Maryland Real 
Estate Commission , and providing a civil penalty . 

BY adding to 

Article 4 - Community Relations 

Sections 9f7A) . 9(17), 9(18), 9(19), 9(20) . 9(21) . 13A, 

19(f), 19(g) , 19(h) , *^fet 

Baltimore City Code (1983 Replacement Volume, as amended) 

By repealing and reordaining with amendments 
Article 4 - Community Relations 
Sections 8, 9(1), 9(6), 9(14) . 9(15) . 10, 11, 12(6), 13(3), 

14, 19(d) . 20 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume) be added, repealed, or amended, to read as 
follows: 

ARTICLE 4 - COMMUNITY RELATIONS 

BALTIMORE COMMUNITY RELATIONS COMMISSION 

8. Declaration of policy and findings of fact. 

The Mayor and City Council of Baltimore find that: 



26 



i 



Ord. No. 42 3 



The population of Baltimore is composed of persons having 
differing racial, religious and ethnic backgrounds. 

Discrimination in the fields of education and preliminary 
job training and other prevailing conditions and causes have 
precluded members of certain ethnic, sex or age groups, and 
persons with physical or mental disability from acquiring, 
developing and maintaining essential educational, vocational, 
cultural, and professional background and efficiency for entrance 
into, and the earning of a livelihood, in many fields of 
endeavor. Members of these groups who are qualified are not given 
fair, equal and impartial employment opportunities. Such 
prevention from earning an income necessary to maintain normal 
and decent living standards has retarded community progress and 
increased public relief rolls. 

Discrimination in health and welfare services imposes 
unnecessary individual and community hardships and has actually 
resulted in denial to members of such groups of care, attention 
and service essential to maintenance of their physical and 
emotional well-being. 

The practice by places of public accommodation, resort or 
amusement of refusing to accommodate and serve members of groups 
tends to impose hardship upon the members of these groups and 
also tends to cause and intensify inter-group tension. 

Discrimination against women in the fields of education, 
preliminary job training, health and welfare services and 
employment opportunities, and the refusal of service in places of 
public accommodations, resort or amusement imposes a social 
hardship upon women and penalizes the society in that women 
cannot make maximum use of their skills and abilities to enrich 
the world around them. 

Arbitrary age discrimination in employment prevents many of 
our citizens from working at jobs for which they are qualified 
and forces others who are willing and able to work into 
involuntary retirement. These workers are denied the opportunity 
of working in their chosen fields and are often forced to accept 
support from society through unemployment insurance and relief 
payments. 

It is estimated that over 11 percent of the working age 
population in the Baltimore area has a physical or mental 
disability which limits the kind of work such persons can do. 
The law should protect their right to have an equal chance to 
perform in the jobs for which they are suited and to be educated 
for such employment. Places of public accommodation, resort and 
amusement as well as health and welfare agencies and educational 



27 



Ord. No. 423 



institutions should make available their facilities and programs 
to persons having physical and mental disabilities. 

DISCRIMINATION IN THE SALE AND RENTAL OF HOUSING 
ACCOMMODATIONS IMPOSES SOCIAL AND FINANCIAL HARDSHIP. FREE EQUAL 
ACCESS TO HOUSING IS FUNDAMENTAL TO THE EXERCISE OF BASIC RIGHTS 
AND TO THE ENJOYMENT OF MANY OTHER LIBERTIES AND OPPORTUNITIES 
AND SHOULD BE AVAILABLE TO ALL MEMBERS OF OUR COMMUNITY. 

Discrimination because of sexual orientation produces untold 
anxieties, mental anguish and human suffering, not only in the 
victims of discrimination themselves, but also among their 
families. 

Legislation is necessary in the public interest to avoid 
permanent adverse effects upon the development, growth and 
renewal of the City of Baltimore. 

Therefore, the Mayor and City Council of Baltimore deem it 
necessary and expedient to promote and protect the public welfare 
by enacting this subtitle to prevent and eliminate discrimination" 
by the persons and in the areas herein defined. 

9. Definitions. 

The terms hereinafter set forth, wherever used in this 
subtitle, are defined as follows: 

(1) Person means an association, partnership, or 
corporation, as well as a natural person, whether male or female. 
The term "person" as applied to partnerships or other 
associations includes their members, and as applied to 
corporations includes their officers. THE TERM "PERSON" ALSO 
MEANS AN AGENT OF ANY PERSON. 

(6) Discrimination means any difference in the treatment of 
an individual or person because of race, color, religion, 
national origin, ancestry, sex, MARITAL STATUS, physical or 
mental disability or sexual orientation and shall include 
segregation; except that it shall not be discrimination for any 
religious or denominational institution to devote its facilities, 
exclusively or primarily, to or for members of its own religion 
or denomination or to give preference to such members or to make 
such selection as is calculated by such institution to promote 
the religious principles for which it is established or 
maintained; nor shall it be discrimination for an employer to 
disqualify a person with a physical or mental disability when the 
nature or extent of the disability makes the person unfit or 
unsuited for the job; nor shall it be discrimination for an 
educational institution to restrict its student body and student 
activities to one sex or the other, neither shall it be 

28 



Ord. No. 42 3 



discrimination for an educational institution to provide special 
educational or recreational programs for individuals with a 
physical or mental disability; excepting further, it shall not be 
discrimination for any person to provide separate toilet 
facilities for males and females. This definition also applies 
to the verb "to discriminate" and to the adjective 
"discriminatory" as used herein. 

fVA) "AGE". AS USED IN SECTION 13A. OF THIS ARTICLE. MEANS 
THE "AGE OF MAJORITY". AND REFERS TO ANYONE WHO HAS ATTAINED THE 
AGE OF EIGHTEEN YEARS. 

(14) "Physical disability" means any physical condition, 
infirmity, malformation or disfigurement which is caused by 
bodily injury, birth defect, trauma, or illness, including 
epilepsy, which shall include, but not be limited to any degree 
of paralysis, amputation, lack of physical coordination, 
blindness or visual impairment, deafness or hearing impairment, 
muteness or speech impairment or disorder or physical reliance on 
a seeing eye dog, wheelchair, or any other remedial appliance, 
device or medication. AND INCLUDES A RECORD OF HAVING SUCH A 
DISABILITY OR BEING REGARDED AS HAVING SUCH A DISABILITY. BUT 
SUCH TERM DOES NOT INCLUDE CURRENT. ILLEGAL USE OF OR ADDICTION 
TO A CONTROLLED SUBSTANCE (AS DEFINED IN SECTION 102 OF THE 
CONTROLLED SUBSTANCES ACT (21 U.S.C. 8 02)) . 

(15) "Mental disability" means the existence of. or history 
of. an emotional or intellectual disorder, as defined by 
psychiatrists, which reguires special educational or 
psychotherapeutic services. AND INCLUDES BEING REGARDED AS HAVING 
SUCH AN IMPAIRMENT. BUT SUCH TERM DOES NOT INCLUDE 

CURRENT. ILLEGAL USE OF OR ADDICTION TO A CONTROLLED SUBSTANCE 
(AS DEFINED IN SECTION 102 OF THE CONTROLLED SUBSTANCE ACT (21 
U.S.C. 802)). but shall not include a judicial determination of 
disability. 

(17) "DWELLING" MEANS ANY BUILDING, STRUCTURE, OR PORTION 
THEREOF WHICH IS OCCUPIED AS, OR DESIGNED OR INTENDED FOR 
OCCUPANCY AS A RESIDENCE BY ONE OR MORE FAMILIES, AND ANY VACANT 
LAND WHICH IS OFFERED FOR SALE OR LEASE FOR THE CONSTRUCTION OR 
LOCATION THEREON OF ANY SUCH BUILDING, STRUCTURE, OR PORTION 
THEREOF. 

(18) "FAMILY" INCLUDES A SINGLE INDIVIDUAL. 

(19) "FAMILIAL STATUS" MEANS ONE OR MORE INDIVIDUALS (WHO 
HAVE NOT ATTAINED THE AGE OF 18 YEARS) BEING DOMICILED WITH — 

(1) A PARENT OR ANOTHER PERSON HAVING CUSTODY OF SUCH 
INDIVIDUAL OR INDIVIDUALS; OR 



29 



Ord. No. 423 



(2) THE DESIGNEE OF SUCH PARENT OR OTHER PERSON HAVING 
SUCH CUSTODY. WITH THE WRITTEN PERMISSION OF SUCH PARENT OR OTHER 
PERSON. 

THE PROTECTIONS AFFORDED AGAINST DISCRIMINATION ON THE 
BASIS OF FAMILIAL STATUS SHALL APPLY TO ANY PERSON WHO IS 
PREGNANT OR IS IN THE PROCESS OF SECURING LEGAL CUSTODY OF ANY 
INDIVIDUAL WHO HAS NOT ATTAINED THE AGE OF 18 YEARS. 

{i9- 20) "TO RENT" INCLUDES TO LEASE, TO SUBLEASE, TO LET OR 
OTHERWISE TO GRANT FOR A CONSIDERATION THE RIGHT TO OCCUPY 
PREMISES NOT OWNED BY THE OCCUPANT. 

(21) "RESTRICTIVE COVENANT" MEANS ANY SPECIFICATION LIMITING 
THE TRANSFER. RENTAL. OR LEASE OF ANY DWELLING BECAUSE OF RACE. 
COLOR. RELIGION. MARITAL STATUS. SEX. NATIONAL ORIGIN. ANCESTRY. 
AGE. SEXUAL ORIENTATION. FAMILIAL STATUS. OR PHYSICAL OR MENTAL 
DISABILITY. 

10. Unlawful employment practices. 

Except where a particular occupation or position reasonably 
requires, as an essential qualification thereof, the employment 
of a person or persons of a particular race, color, religion, 
national origin, ancestry, sex, age, or physical or mental 
capability, MARITAL STATUS and/or sexual orientation OR MARITAL 
STATUS and such qualification is not adopted as a means of 
circumventing the purpose of this subtitle, it shall be an 
unlawful EMPLOYMENT practice: 

(1) For any employer to discriminate against an 
individual with respect to hire, tenure, promotion, terms, 
conditions, or privileges of employment or any matter directly or 
indirectly related to employment; 

(2) For any employer, employment agency or labor 
organization to practice discrimination by denying or limiting 
through a quota system or otherwise, employment or membership 
opportunities to any group or individual; 

(3) For any employer, employment agency or labor J 
organization prior to employment or admission to membership to: I 

(i) Make any inquiry concerning, or record, the race, 
color, religion, national origin, ancestry, [or] sexual 
orientation, OR MARITAL STATUS of any applicant for employment or 
membership except when authorized or ordered by the Commission; 

(ii) Use any form of application for employment of 
personnel or membership blank containing questions or entries 
regarding race, color, religion, national origin, ancestry^ [or] 

30 



J 



Ord. No. 423 



sexual orientation, OR MARITAL STATUS except when authorized or 
ordered by the Commission; 

(iii) Cause to be printed, published or circulated any 
notice or advertisement relating to employment or membership 
indicating any preference, limitation, specification or 
discrimination based upon race, color, religion, national origin, 
ancestry, sex, age, [or] sexual orientation, OR MARITAL STATUS. 

(4) For any employment agency to practice discrimination by 
failing or refusing properly to classify an individual or to 
refer him for employment; 

(5) For any labor organization to discriminate against any 
individual, by limiting, segregating, or classifying its 
membership in any way which would deprive or tend to deprive such 
individual of employment opportunities or would limit his 
employment opportunities or otherwise adversely affect his status 
as an employee or as an applicant for employment or would affect 
adversely his wages, hours, or employment conditions; 

[(6) For any employer, employment agency, or labor 
organization to penalize or discriminate in any manner against 
any individual because he has opposed any practice forbidden by 
this subtitle or because he has made a complaint, testified, or 
assisted in any manner in any investigation, proceeding, or 
hearing hereunder;] 

[7] (6) For any labor organization or employers' association 
established for the purpose of training apprentice candidates, 
acting individually or jointly, to discriminate against any 
person with respect to admission or membership, or with respect 
to terms, conditions of employment or training, placement, or any 
other benefits; 

[8] (7) For any employer, employment agency, or labor 
organization to discriminate against any individual because he 
has sought psychiatric help. 

11. Unlawful practices; place of public accommodation, etc. 

It shall be an unlawful practice for any person, including 
any owner, lessee, proprietor, superintendent, manager, agent, or 
employee of a place of public accommodation, resort, or amusement 
to: 

(1) Discriminate against any person by directly or 
indirectly withholding from or denying to such person any of the 
services, advantages, facilities, or privileges offered by such 
place or public accommodation, resort, or amusement; 



31 



Ord. No. 423 



(2) Discriminate against any person, in the setting of rates 
or charges for any of the services, advantages, facilities, or 
privileges offered by such place of public accommodation, resort, 
or amusement; 

(3) Communicate, publish, advertise, or represent that any 
services, advantages, facilities, or privileges or such place of 
public accommodation, resort or amusement will be refused, 
withheld, or denied to any persons on account of race, color, 
religion, national origin, ancestry, sex, physical or mental 
disability, [or] sexual orientation, OR MARITAL STATUS, or that 
the patronage or custom of any person belonging to or purporting 
to be of any particular race, color, religion, national origin, 
ancestry, sex, sexual orientation, MARITAL STATUS, or possessing 
any physical or mental disability, is unwelcome, objectionable, 
or not acceptable, desired, or solicited. 

12. Same; educational institutions. 

It shall be an unlawful educational practice for any person 
or any educational institution, or any owner, superintendent, 
teacher, professor, manager, trustee, or officer thereof to: 

(6) Communicate, publish, advertise, or represent that any 
of the courses, services, programs, facilities, lectures, 
affairs, or privileges are withheld from, or denied to, any 
person on a discriminatory basis, or that any person is 
unwelcome, objectionable, or unacceptable because of race, color, 
religion, national origin, ancestry, sex, physical or mental 
disability, [or] sexual orientation, or MARITAL STATUS. 

13. Same; health and welfare agencies. 

It shall be an unlawful practice for any health and welfare 
agency, or owner, supervisor, staff person, director, manager, or 
officer thereof to: 

(3) Communicate, publish, advertise or represent that any of 
the services, programs, benefits, facilities or privileges of any 
health or welfare agency are withheld from or denied to any 
person on a discriminatory basis, or that the patronage of any 
person is unwelcome, objectionable, or unacceptable because of 
race, color, religion, national origin, ancestry, sex, physical 
or mental disability, [or] sexual orientation, OR MARITAL STATUS. 

13A. UNLAWFUL HOUSING PRACTICES; EXCEPTIONS. 

(1) IT SHALL BE AN UNLAWFUL DISCRIMINATORY HOUSING PRACTICE, 
BECAUSE OF RACE, COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN, 
ANCESTRY, MARITAL STATUS, FAMILIAL STATUS. SEXUAL ORIENTATION, OP 
PHYSICAL OR MENTAL DISABILITY, FOR ANY PERSON HAVING THE RIGHT TC 

32 



Ord. No. 42 3 



SELL, RENT, LEASE, CONTROL, CONSTRUCT OR MANAGE ANY DWELLING 
CONSTRUCTED OR TO BE CONSTRUCTED, OR ANY EMPLOYEE OF SUCH PERSON: 

(A) TO REFUSE TO NEGOTIATE FOR THE SALE OR RENTAL OR TO 
REFUSE TO SELL OR RENT OR OTHERWISE DENY TO OR WITHHOLD ANY 
DWELLING FROM ANY PERSON; 

(B) TO DISCRIMINATE AGAINST ANY PERSON IN THE TERMS, 
CONDITIONS OR PRIVILEGES OF THE SALE OR RENTAL OF ANY DWELLING OR 
IN THE FURNISHING OF FACILITIES OR SERVICES IN CONNECTION 
THEREWITH; 

(C) TO REFUSE TO RECEIVE OR TRANSMIT A BONA FIDE OFFER 
TO PURCHASE, RENT, OR LEASE ANY DWELLING FROM ANY PERSON; 

(D) TO MAKE, PRINT OR PUBLISH, OR CAUSE TO BE MADE, 
PRINTED, OR PUBLISHED, ANY NOTICE, STATEMENT OR ADVERTISEMENT, 
WITH RESPECT TO THE SALE OR RENTAL OF A DWELLING, THAT INDICATES 
ANY PREFERENCE, LIMITATION OR DISCRIMINATION, OR ANY INTENTION TO 
MAKE ANY SUCH PREFERENCE, LIMITATION OR DISCRIMINATION; 

(E) TO REPRESENT TO ANY PERSON THAT ANY DWELLING IS NOT 
AVAILABLE FOR INSPECTION, SALE OR RENTAL WHEN SUCH DWELLING IS IN 
FACT SO AVAILABLE; 

(F) TO DENY A>JY DISCRIMINATE IN ALLOWING OR DISALLOWING 
A PERSON ACCESS TO OR MEMBERSHIP OR PARTICIPATION IN ANY MULTIPLE 
LISTING SERVICE, REAL ESTATE BROKER'S ORGANIZATION OR OTHER 
SERVICE, ORGANIZATION OR FACILITY RELATING TO THE BUSINESS OF 
SELLING OR RENTING DWELLINGS, OR TO DISCRIMINATE IN THE TERMS OR 
CONDITIONS OF SUCH ACCESS, MEMBERSHIP, OR PARTICIPATION; 

(G) TO INCLUDE IN ANY TRANSFER, SALE, OR RENTAL OF 
HOUSING ANY RESTRICTIVE COVENANT THAT DISCRIMINATES; OR FOR ANY 
PERSON TO HONOR OR EXERCISE, OR ATTEMPT TO HONOR OR EXERCISE ANY 
DISCRIMINATORY COVENANT PERTAINING TO HOUSING; 

(H) TO REFUGE TO CONSIDER DOTH ArrLICA>JTG ' INCOME WHEN 
BOTH PARTIES TO A MARRIAGE SEEK TO BUY OR RENT A>JY DWELLING; 

fH) TO REFUSE TO CONSIDER TWO OR MORE APPLICANTS' 
INCOMES WHEN THEY SEEK TO BUY OR RENT A DWELLING OR DWELLING 
UNIT. 

(I) TO REFUSE TO CONSIDER ALIMONY OR CHILD SUPPORT 
AWARDED BY A COURT AND RECEIVED BY AN APPLICANT AS A VALID SOURCE 
OF INCOME, WHEN THAT SOURCE CAN BE VERIFIED AS TO ITS AMOUNT, 
LENGTH OF TIME RECEIVED, AND REGULARITY OF RECEIPT; 

(J) TO REQUEST OR CONSIDER INFORMATION ABOUT BIRTH 
CONTROL PRACTICES IN EVALUATING ANY PROSPECTIVE BUYER OR LESSEE 
OF A DWELLING. 

33 



Ord. No. 423 



(K) (I) TO DISCRIMINATE IN THE SALE OR RENTAL OF. OR TO 
OTHERWISE MAKE UNAVAILABLE OR DENY. A DWELLING TO ANY BUYER OR 
RENTER BECAUSE OF A HAHBi^M' MENTAL OR PHYSICAL DISABILITY OF— 

(A) THAT BUYER OR RENTER; 

(B) A PERSON RESIDING IN OR INTENDING TO RESIDE IN 
THAT DWELLING AFTER IT IS SO SOLD. RENTED. OR MADE AVAILABLE; OR 

(C) ANY PERSON ASSOCIATED WITH THAT BUYER OR 
RENTER. 

fll) TO DISCRIMINATE AGAINST ANY PERSON IN THE TERMS. 
CONDITIONS. OR PRIVILEGES OF SALE OR RENTAL OF A DWELLING. OR IN 
THE PROVISION OF SERVICES OR FACILITIES IN CONNECTION WITH SUCH 
DWELLING, BECAUSE OF A HANDICAP MENTAL OR PHYSICAL DISABILITY OF- 

(A) THAT PERSON; OR 

(B) A PERSON RESIDING IN OR INTENDING TO RESIDE IN 
THAT DWELLING AFTER IT IS SO SOLD. RENTED. OR MADE AVAILABLE; OR 

(C) ANY PERSON ASSOCIATED WITH THAT PERSON. 

(Ill) FOR PURPOSES OF THIS SUBSECTION. DISCRIMINATION 
INCLUDES— 

(A) A REFUSAL TO PERMIT. AT THE EXPENSE OF THE 
HANDICAPPED PERSON. REASONABLE MODIFICATIONS OF EXISTING PREMISES 
OCCUPIED OR TO BE OCCUPIED BY SUCH PERSON IF SUCH MODIFICATIONS 
MAY BE NECESSARY TO AFFORD SUCH PERSON FULL ENJOYMENT OF THE 
PREMISES. EXCEPT THAT. IN THE CASE OF A RENTAL. THE LANDLORD MAY 
WHERE IT IS REASONABLE TO DO SO CONDITION PERMISSION FOR A 
MODIFICATION ON THE RENTER AGREEING TO RESTORE THE INTERIOR OF 
THE PREMISES TO THE CONDITION THAT EXISTED BEFORE THE 
MODIFICATION. REASONABLE WEAR AND TEAR EXCEPTED. 

(B) A REFUSAL TO MAKE REASONABLE ACCOMMODATIONS IN 
RULES. POLICIES. PRACTICES. OR SERVICES. WHEN SUCH ACCOMMODATIONS 
MAY BE NECESSARY TO AFFORD SUCH PERSON EQUAL OPPORTUNITY TO USE 
AND ENJOY A DWELLING; OR 

(C) IN CONNECTION WITH THE DESIGN AND CONSTRUCTION 
OF COVERED MULTIFAMILY DWELLINGS FOR FIRST OCCUPANCY AFTER THE 
DATE THAT IS 3 MONTHS AFTER THE DATE OF ENACTMENT OF THE FAIR 
HOUSING AMENDMENTS ACT OF 1988. A FAILURE TO DESIGN AND CONSTRUCT 
THOSE DWELLINGS IN SUCH A MANNER THAT — 

(I) THE PUBLIC USE AND COMMON USE PORTIONS OF 
SUCH DWELLINGS ARE READILY ACCESSIBLE TO AND USABLE BY 
HANDICAPPED PERSONS; 



34 



4 



Ord. No. 423 



(ID ALL THE DOORS DESIGNED TO ALLOW PASSAGE 
INTO AND WITHIN ALL PREMISES WITHIN SUCH DWELLINGS ARE 
SUFFICIENTLY WIDE TO ALLOW PASSAGE BY HANDICAPPED PERSONS IN 
WHEELCHAIRS; AND 

(III) ALL PREMISES WITHIN SUCH DWELLINGS 
CONTAIN THE FOLLOWING FEATURES OF ADAPTIVE DESIGN; 

A. AN ACCESSIBLE ROUTE INTO AND THROUGH 
THE DWELLING; 

B. LIGHT SWITCHES. ELECTRICAL OUTLETS. 
THERMOSTATS. AND OTHER ENVIRONMENTAL CONTROLS IN ACCESSIBLE 
LOCATIONS; 

C. REINFORCEMENTS IN BATHROOM WALLS TO 
ALLOW LATER INSTALLATION OF GRAB BARS; AND 

D. USABLE KITCHENS AND BATHROOMS SUCH 
THAT AN INDIVIDUAL IN A WHEELCHAIR CAN MANEUVER ABOUT THE SPACE. 

(IV) AS USED IN THIS SUBSECTION. THE TERM 
"COVERED MULTIFAMILY DWELLINGS" MEANS— 

(A) BUILDINGS CONSISTING OF 4 OR MORE 
UNITS IF SUCH BUILDINGS HAVE ONE OR MORE ELEVATORS; AND 

(B) GROUND FLOOR UNITS IN OTHER 
BUILDINGS CONSISTING OF 4 OR MORE UNITS. 

(V) NOTHING liJ THIS SUBSECTION REOUIRES THAT 
A DWELLING BE MADE AVAILABLE TO AN INDIVIDUAL WHOSE TENANCY WOULD 
CONSTITUTE A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHER 
INDIVIDUALS OR WHOSE TENANCY WOULD RESULT IN SUBSTANTIAL PHYSICAL 
DAMAGE TO THE PROPERTY OF OTHERS. 

(2) UNLAWFUL INSURING PRACTICES. 

IT IS AN UNLAWFUL INSURING PRACTICE FOR ANY PERSON TO 
REFUSE TO ENTER INTO, OR TO DISCRIMINATE IN THE TERMS, 
CONDITIONS, OR PRIVILEGES OF, A CONTRACT OF INSURANCE AGAINST 
HAZARDS TO A DWELLING BECAUSE OF THE RACE, COLOR, RELIGION, SEX, 
AGE, NATIONAL ORIGIN, MARITAL STATUS, FAMILIAL STATUS. ANCESTRY, 
SEXUAL ORIENTATION, PHYSICAL OR MENTAL DISABILITY OF ANY PERSON 
OWNING OR RESIDING IN OR ANY PERSON RESIDING IN THE VICINITY OF 
THE DWELLING. 

(3) UNLAWFUL FINANCING PRACTICES. 

IT IS AN UNLAWFUL FINANCIAL PRACTICE FOR ANY PERSON: 

(A) TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, 
COLOR, RELIGION, SEX, AGE, NATIONAL ORIGIN, MARITAL STATUS, 

35 



Ord. No. 423 



FAMILIAL STATUS . ANCESTRY, SEXUAL ORIENTATION, PHYSICAL OR MENTAL 
DISABILITY IN CONNECTION WITH AN APPLICATION FOR FINANCIAL 
ASSISTANCE FOR THE PURCHASE . CONSTRUCTION. IMPROVEMENT. REPAIR. 
OR MAINTENANCE OF A DWELLING, OR FOR FINANCIAL ASSISTANCE SECURED 
BY RESIDENTIAL REAL ESTATE. INCLUDING BUT NOT LIMITED TO RATES, 
TERMS, CONDITIONS, PRIVILEGES OR OTHER PROVISIONS OF FINANCIAL 
ASSISTANCE OR IN THE EXTENSION OF SERVICES IN CONNECTION 
THEREWITH; OR 

(B) TO USE A FORM OF APPLICATION FOR FINANCIAL 
ASSISTANCE FOR THE PURCHASE . CONSTRUCTION. IMPROVEMENT. REPAIR. 
OR MAINTENANCE OF A DWELLING . OR FOR FINANCIAL ASSISTANCE SECURED 
BY RESIDENTIAL REAL ESTATE. OR TO MAKE INQUIRY OR KEEP A RECORD 
IN CONNECTION THERETO WHICH INDICATES, DIRECTLY OR INDIRECTLY, 
DISCRIMINATION; OR, 

(C) TO DISCRIMINATE BY REFUSING TO GIVE FULL 
RECOGNITION TO THE INCOME OF EACH APPLICANT, THE TOTAL INCOME AND 
EXPENSES OF ALL APPLICANTS WHO BECOME OR ARE PREPARED TO BECOME 
JOINT OBLIGORS FOR THE PURCHASE OF A DWELLING; OR 

(D) TO REFUSE TO CONSIDER ALIMONY OR CHILD SUPPORT 
AWARDED BY A COURT AND RECEIVED BY AN APPLICANT AS A VALID SOURCE 
OF INCOME, WHEN THAT SOURCE CAN BE VERIFIED AS TO ITS AMOUNT, 
LENGTH OF TIME RECEIVED, AND REGULARITY OF RECEIPT; OR 

(E) TO DENY A>fY PERSON ACCEGS TO OR HEMBERGHIP OR 
PARTICIPATION IN ANY MULTIPLE LISTING EiERVICE, REAL ESTATE 
BROKER'S ORGMflBATION OR OTHER SERVICE ORGAtJIBATION OR FACILITY 
RELATING TO THE BUSINESS OF SELLING OR RENTING DWELLINGS, OR TO 
DISCRIMINATE AGAINST ANY PERSON IN THE TERMS OR CONDITIONS OF 
SUCH ACCESS, MEMBERSHIP, OR PARTICIPATION. 

fE) TO DISCRIMINATE IN APPRAISING THE VALUE OF 
RESIDENTIAL REAL PROPERTY. 

(4) IT IS AN UNLAWFUL PRACTICE FOR A PERSON, FOR THE PURPOSE 
OF INDUCING AND/OR DISCOURAGING A REAL ESTATE TRANSACTION: 

(A) TO REPRESENT THAT A CHANGE HAS OCCURRED OR WILL OR 
MAY OCCUR WITH RESPECT TO RACE, COLOR, RELIGION, MARITAL STATUS, 
SEX, AGE, ANCESTRY, SEXUAL ORIENTATION, PHYSICAL OR MENTAL 
DISABILITY. OR NATIONAL ORIGIN IN THE COMPOSITION OF THE OWNERS 
OR OCCUPANTS IN THE BLOCK, NEIGHBORHOOD, OR AREA IN WHICH THE 
DWELLING IS LOCATED; OR 

(B) TO REPRESENT THAT A CHANGE WITH RESPECT TO RACE, 
COLOR, RELIGION, MARITAL STATUS, SEX, AGE, ANCESTRY, SEXUAL 
ORIENTATION, PHYSICAL OR MENTAL DISABILITY. OR NATIONAL ORIGIN IN 
THE COMPOSITION OF THE OWNERS OR OCCUPANTS IN THE BLOCK, 
NEIGHBORHOOD OR AREA IN WHICH THE DWELLING IS LOCATED WILL OR MAY 

36 



Ord. No. 42 3 



RESULT IN THE LOWERING OF PROPERTY VALUES AND/OR AN INCREASE IN 
CRIMINAL OR ANTI-SOCIAL BEHAVIOR AND/OR A DECLINE IN THE QUALITY 
OF SCHOOLS. 

(5) RESTRICTIVE COVENANTS DECLARED VOID. 

(A) ANY RESTRICTIVE COVENANT, WHETHER HERETOFORE OR 
HEREAFTER INCLUDED IN AN INSTRUMENT AFFECTING THE TITLE TO REAL 
OR LEASEHOLD PROPERTY, IS DECLARED TO BE NULL, VOID AND OF NO 
EFFECT, AND CONTRARY TO PUBLIC POLICY, AS WELL AS CONTRARY TO THE 
CONSTITUTION AND THE LAWS OF THE UNITED STATES. 

(B) ANY PERSON WHO IS ASKED TO ACCEPT A DOCUMENT 
AFFECTING TITLE TO REAL OR LEASEHOLD PROPERTY MAY DECLINE TO 
ACCEPT THE SAME IF IT INCLUDES SUCH A COVENANT UNTIL THE COVENANT 
HAS BEEN REMOVED DELETED FROM THE DOCUMENT. REFUSAL TO ACCEPT 
DELIVERY OF AN INSTRUMENT FOR THIS REASON SHALL NOT BE DEEMED A 
BREACH OF A CONTRACT TO PURCHASE, LEASE, MORTGAGE OR OTHERWISE 
DEAL WITH SUCH PROPERTY. 

(6) EXEMPTIONS. 

(A) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO BAR 
ANY PERSON FROM REFUGING TO SELL, RENT OR ADVERTISE ANY DWELLING 
WHICH IG PLANNED EXCLUSIVELY FOR, OR OCCUPIED EXCLUSIVELY BY, 
INDIVIDUALS OF ONE GEX, TO A>JY INDIVIDUAL OF THE OPPOGITE SEX, ON 
THE BASIS OF GEX. RENTING OR ADVERTISING ANY DWELLING FOR 
OCCUPANCY BY A SINGLE SEX. WHERE THE PHYSICAL LIMITATIONS OR 
CONFIGURATION OF THE HOUSING FACILITY. OR CONSIDERATIONS OF 
PERSONAL PRIVACY OR PERSONAL SAFETY. MAKE IT INAPPROPRIATE FOR 
THE FACILITY TO BE OCCUPIED BY PERSONS OF BOTH SEXES. 

(B) WITH RESPECT TO GEX DISCRIMINATION A>JD 
DISCRIMINATION ON THE BACIG OF MARITAL GTATUG ALONE, NOTHING 
HEREIN SHALL BE CONGTRUED TO APPLY TO THE RENTAL OF ROOMG WITHIN 
MiY DV^ELLING IN WHICH THE OWNER MAINTAING HIG OR HER PRINCIPAL 
REGIDENCE OR TO THE RENTAL OF ANY APARTMENT IN A DWELLING 
CONTAINING NOT MORE THAN 4 U>JITG A>JD IN WHICH THE OWNER MAINTAING 
HIG OR HER PRINCIPAL REGIDENCE. 

(B) NOTHING IN THIS SECTION REGARDING FAMILIAL STATUS 
OR AGE SHALL APPLY TO HOUSING FOR OLDER PERSONS. 

(I) AS USED IN THIS SECTION "HOUSING FOR OLDER 
PERSONS" MEANS HOUSING; 

(A) PROVIDED UNDER ANY CITY. STATE OR FEDERAL 
PROGRAM SPECIFICALLY DESIGNED AND OPERATED TO ASSIST ELDERLY 
PERSONS (AS DEFINED IN THE CITY. STATE OR FEDERAL PROGRAM); OR 



37 



Ord. No. 423 



fB) INTENDED FOR. AND OCCUPIED SOLELY BY. 
PERSONS 62 YEARS OF AGE OR OLDER; OR 

(C) INTENDED AND OPERATED FOR OCCUPANCY BY AT 
LEAST ONE PERSON 55 YEARS OF AGE OR OLDER PER UNIT. 

(II) FOR HOUSING TO QUALIFY AS HOUSING FOR OLDER 
PERSONS. THE FOLLOWING CONDITIONS ARE REQUIRED: 

(A) THE EXISTENCE OF SIGNIFICANT FACILITIES 
AND SERVICES SPECIFICALLY DESIGNED TO MEET THE PHYSICAL OR SOCIAL 
NEEDS OF OLDER PERSONS. OR IF THE PROVISION OF SUCH FACILITIES 
AND SERVICES IS NOT PRACTICABLE. THAT SUCH HOUSING IS NECESSARY 
TO PROVIDE IMPORTANT HOUSING OPPORTUNITIES FOR OLDER PERSONS; AND 

(B) THAT AT LEAST 8 PERCENT OF THE UNITS ARE 
OCCUPIED BY AT LEAST ONE PERSON 5 5 YEARS OF AGE OR OLDER PER 
UNIT; AND 

(C) THE PUBLICATION OF. AND ADHERENCE TO. 
POLICIES AND PROCEDURES WHICH DEMONSTRATE AN INTENT BY THE OWNER 
OR MANAGER TO PROVIDE HOUSING FOR PERSONS 55 YEARS OF AGE OR 
OLDER. 

(III) HOUSING SHALL NOT FAIL TO MEET THE 
REQUIREMENTS FOR HOUSING FOR OLDER PERSONS BY REASON OF: 

(A) PERSONS RESIDING IN SUCH HOUSING AS OF 
THE DATE OF ENACTMENT OF THIS ORDINANCE WHO DO NOT MEET THE AGE 
REQUIREMENTS OF SUBSECTIONS (I) (B) OR (C) . PROVIDED THAT NEW 
OCCUPANTS OF SUCH HOUSING MEET THE AGE REQUIREMENTS OF 
SUBSECTIONS (I)(B) OR (C); OR 

(B) UNOCCUPIED UNITS. PROVIDED THAT SUCH 
UNITS ARE RESERVED FOR OCCUPANCY BY PERSONS WHO MEET THE AGE 
REQUIREMENTS OF SUBSECTIONS (I) (B) OR (C) . 

(C) NOTHING IN THIS SECTION SHALL APPLY: 



i 



(I) TO THE RENTAL OF A DWELLING UNIT IN A BUILDING. 
WHICH CONTAINS NOT MORE THAN FOUR DWELLING UNITS, PROVIDED THE 
OWNER OR A MEMBER OF THE OW>fER'S FAMILY RESIDES IN ONE OF THE 

UNITS; 

(II) TO THE RENTAL OF ONE ROOM OR ONE ROOMING UNIT 
IN A HOUSING ACCOMMODATION NOT MORE THAN 2 ROOMING UNITS IN A 
DWELLING UNIT BY ANY PERSON IF THE PERSON OR A MEMBER OF THE 
PERSON'S FAMILY RESIDES IN THE DWELLING UNIT; 

(III) TO A RELIGIOUS INSTITUTION, OR TO AN 
ORGANIZATION OPERATED FOR CHARITABLE OR EDUCATIONAL PURPOSES, 

38 



Ord. No. 42 3 



WHICH IS OPERATED, SUPERVISED OR CONTROLLED BY A RELIGIOUS 
CORPORATION, ASSOCIATION OR SOCIETY, TO THE EXTENT THAT THE 
RELIGIOUS CORPORATION, ASSOCIATION OR SOCIETY LIMITS, OR GIVES 
PREFERENCE IN THE SALE, LEASE, RENTAL, ASSIGNMENT, OR SUBLEASE OF 
RESIDENTIAL REAL PROPERTY WHICH IT OWNS OR OPERATES FOR OTHER 
THAN A COMMERCIAL PURPOSE. TO INDIVIDUALS OF THE SAME RELIGION, 
OR MAKES A SELECTION OF BUYERS, TENANTS, LESSEES, ASSIGNEES, OR 
SUBLESSEES, THAT IS CALCULATED BY SUCH RELIGIOUS CORPORATION, 
ASSOCIATION, OR SOCIETY TO PROMOTE THE RELIGIOUS PRINCIPLES FOR 
WHICH IT IS ESTABLISHED OR MAINTAINED ; PROVIDED THAT MEMBERSHIP 
IN SUCH RELIGION IS NOT RESTRICTED ON ACCOUNT OF RACE. COLOR. OR 
NATIONAL ORIGIN . 

(7) NUMBER OF OCCUPANTS. 

NOTHING IN THIS SECTION LIMITS THE APPLICABILITY OF 
LOCAL. STATE. OR FEDERAL RESTRICTIONS REGARDING THE MAXIMUM 
NUMBER OF OCCUPANTS PERMITTED TO OCCUPY A DWELLING. 

(8) CONTROLLED SUBSTANCES; CONVICTION. 

NOTHING IN THIS SECTION PROHIBITS CONDUCT AGAINST A 
PERSON BECAUSE SUCH PERSON HAS BEEN CONVICTED BY ANY COURT OF 
COMPETENT JURISDICTION OF THE ILLEGAL MANUFACTURE OR DISTRIBUTION 
OF A CONTROLLED SUBSTANCE AS DEFINED IN SECTION 102 OF THE 
CONTROLLED SUBSTANCES ACT (21 U.S.C. 8 02) OR A CONTROLLED 
DANGEROUS SUBSTANCE AS DEFINED IN SECTION 277. ARTICLE 27- CRIMES 
AND PUNISHMENTS. ANNOTATED CODE OF MARYLAND. 1987 REPLACEMENT 
VOLUME. AS AMENDED. 

14. Same; additional. 

It shall be unlawful practice for any person: [to aid, abet, 
incite, compel, or coerce the doing of any act declared herein to 
be an unlawful practice or to obstruct or prevent any person from 
complying with the provisions of this subtitle or any order 
issued hereunder, or to attempt, directly or indirectly, alone, 
or in concert with others, to commit any act declared by this 
subtitle to be an unlawful practice. ] 

(1) TO AID, ABET, INCITE, COMPEL, OR COERCE THE DOING 
OF ANY ACT OR TO ATTEMPT TO COMMIT ANY ACT DECLARED UNLAWFUL BY 
THE PROVISIONS OF THIS ARTICLE; OR 

(2) TO PENALIZE OR DISCRIMINATE AGAINST ANY PERSON 
BECAUSE THAT PERSON HAS MADE A COMPLAINT, TESTIFIED, OR ASSISTED 
IN ANY MANNER IN ANY INVESTIGATION OR PROCEEDING HEREUNDER; OR 

(3) TO INTIMIDATE IN ANY WAY ANY PERSON WHO IS 
ATTEMPTING TO EXERCISE THE RIGHTS PROVIDED FOR IN THIS ARTICLE; 
OR 

39 



Ord. No. 42 3 



(4) TO OBSTRUCT, PREVENT OR DISCOURAGE ANY PERSON FROM 
COMPLYING WITH THE PROVISIONS OF THIS ARTICLE OR ANY ORDER ISSUED 
HEREUNDER. 

19. Hearings. 

(d) Findings. After hearing all the evidence, the hearing 
examiner shall recommend a decision and an order to be approved 
by the Commission. The Commission shall issue and cause to be 
served on such respondent an order requiring such respondent to 
cease and desist from such unlawful practice and to take such 
affirmative action including (but not limited to) hiring, 
reinstatement or upgrading of employees with or without back pay, 
THE SALE OR RENTAL OF THE DWELLING SOUGHT BY THE COMPLAINANT , OR 
A SIMILAR DWELLING, restoration to membership in any respondent 
labor organization, admission to or participation in a guidance 
program, apprenticeship training program, on-the-job training 
program or other occupational training or retraining program, 
where such programs are an established part of an employer's 
labor policy, the extension of fair and equal advantages, 
facilities and privileges to all persons as required by the 
provisions of this Article, awarding of compensatory damages to 
the person aggrieved by such practice, as, in the judgment of the 
Commission, will effectuate the purposes of this Article. 
[Compensatory damages shall mean out of pocket expenses 
reasonably incurred and shall not include an award for pain and 
suffering or punitive damages.] COMPENSATORY DAMAGES MAY INCLUDE 
COMPENSATION FOR HUMILIATION, EMBARRASSMENT, AND EMOTIONAL 
DISTRESS, FOR EXPENSES INCURRED IN OBTAINING ALTERNATE HOUSING 
ACCOMMODATIONS, AND FOR OTHER EXPENSES INCURRED BY AN AGGRIEVED 
PERSON AS A DIRECT RESULT OF ANY UNLAWFUL DISCRIMINATORY 
PRACTICE. THE COMMISSION MAY ALSO IMPOSE A CIVIL PENALTY NOT TO 
EXCEED 05. OOP. 00. FOR VIOLATION OF ANY PROVISION OF SECTION 13A 
AS F0LL 9WS-^ FOR A VIOLATION OF ANY PROVISION OF SECTION 13A. THE 
COMMISSION MAY ALSO IMPOSE A CIVIL PENALTY OF NOT MORE THAN 
$1000. AND EACH DAY THAT A VIOLATION CONTINUES CONSTITUTES A 
SEPARATE OFFENSE. WITH MAXIMUM AMOUNTS ASSESSABLE AS FOLLOWS: 

(1) IN AN AMOUNT NOT EXCEEDING $10.000 IF THE 
RESPONDENT HAS NOT BEEN ADJUDGED TO HAVE COMMITTED ANY PRIOR 
DISCRIMINATORY HOUSING PRACTICE; 



(2) IN AN AMOUNT NOT EXCEEDING $25.000 IF THE 
RESPONDENT HAS BEEN ADJUDGED TO HAVE COMMITTED ONE OTHER 
DISCRIMINATORY HOUSING PRACTICE DURING THE 5-YEAR PERIOD ENDING 
ON THE DATE OF THE FILING OF THIS COMPLAINT; AND 

(3) IN AN AMOUNT NOT EXCEEDING $50.000 IF THE 
RESPONDENT HAS BEEN ADJUDGED TO HAVE COMMITTED 2 OR MORE 
DISCRIMINATORY HOUSING PRACTICES DURING THE 7-YEAR PERIOD ENDING 
ON THE DATE OF THE FILING OF THIS COMPLAINT; EXCEPT THAT IF THE 

40 



I 



Ord. No. 42 3 



ACTS CONSTITUTING THE DISCRIMINATORY HOUSING PRACTICE THAT IS 
THE OBJECT OF THE COMPLAINT ARE COMMITTED BY THE SAME NATURAL 
PERSON WHO HAS BEEN PREVIOUSLY ADJUDGED TO HAVE COMMITTED ACTS 
CONSTITUTING A DISCRIMINATORY HOUSING PRACTICE THEN THE CIVIL 
PENALTIES SET FORTH IN SUBPARAGRAPHS (2) AND (3) MAY BE IMPOSED 
WITHOUT REGARD TO THE PERIOD OF TIME WITHIN WHICH ANY SUBSEQUENT 
DISCRIMINATORY HOUSING PRACTICE OCCURRED. 

(F) STANDARD OF PROOF - MONETARY AWARDS. 

(1) ANY AWARD MADE FOR DAMAGES COMPENSABLE UNDER THIS 
ARTICLE SHALL BE MADE ONLY UPON REASONABLE AND COMPETENT EVIDENCE 
THAT THE DAMAGES RESULTED FROM THE RESPONDENT'S UNLAWFUL 
DISCRIMINATORY ACT OR PRACTICE. 

(2) ANY AWARD MADE FOR EXPENSES COMPENSABLE UNDER THIS 
ARTICLE SHALL BE MADE ONLY UPON THE PRODUCTION OF DOCUMENTARY 
EVIDENCE OF SUCH EXPENSES, INCLUDING BUT NOT LIMITED TO BILLS, 
RECEIPTS, CANCELLED CHECKS AND INVOICES. AN AWARD FOR ANY OTHER 
COMPENSABLE DAMAGES MAY BE MADE ON REASONABLE AND CREDIBLE 
TESTIMONY AND EVIDENCE. 

(G) APPEALS. IN A CONTESTED CASE. A RESPONDENT MAY APPEAL A 
FINAL DECISION OF THE COMMISSION TO THE CIRCUIT COURT FOR 
BALTIMORE CITY. 

(SH) PUBLICATION. 

AFTER PUBLIC HEARING AND AFTER THE TIME FOR JUDICIAL 
APPEAL HAS PASSED WITHOUT APPEAL HAVING BEEN TAKEN. THE 
COMMISSION MAY PUBLISH OR CAUSE TO BE PUBLISHED THE NAME OF ANY 
PERSON WHO, HAS BEEN FOUND TO HAVE ENGAGED IN A VIOLATION OF THIS 
ART I CLE . IF A RESPONDENT TAKES AN APPEAL FROM A DECISION OF THE 
COMMISSION. THE COMMISSION SHALL NOT PUBLISH THE NAME OF THE 
RESPONDENT UNTIL THE APPEAL PROCESS IS EXHAUSTED . 

20. Enforcement. 

(A) In the event any respondent refuses to comply with an 
order of the Commission (as to any matter other than those 
covered by Section 16(11) of this subtitle) or in the event, at 
any time after the filing of a complaint the Commission 
determines that the alleged unlawful practice will have become 
final and unrectif iable unless restrained, the Commission may 
certify the matter to the City Law Department. 

The City Law Department shall thereupon proceed, in the name 
of the Mayor and City Council of Baltimore, as soon as reasonably 
possible, to invoke the aid of an appropriate court to secure 
compliance with the Commission's order and with the provisions of 
this subtitle, or to prevent final, unrectif iable accomplishment 

41 



Ord. No. 424 



of a practice designated as unlawful by this subtitle, as the 
case may be. The court shall have power to grant such temporary 
relief or restraining order as it deems just and proper and to 
make and enter an order enforcing, modifying, and enforcing as so 
modified, or setting aside, in whole or in part, the order of the 
Commission . 

(B) NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE A 
PERSON TO EXHAUST THE ADMINISTRATIVE REMEDIES PROVIDED BY THIS 
ARTICLE PRIOR TO INITIATING A CIVIL ACTION. 

(C) VIOLATION BY REAL ESTATE BROKER, ASSOCIATE REAL ESTATE 
BROKER. OPERATOR OR SALESPERSON. 

WHERE A REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER. 
REAL ESTATE OPERATOR OR REAL ESTATE SALESPERSON LICENSED BY THE 
REAL ESTATE COMMISSION OF MARYLAND HAS FAILED TO COMPLY WITH AN 
ORDER ISSUED BY THE COMMISSION OR HAS BEEN FOUND TO HAVE 
COMMITTED AN UNLAWFUL DISCRIMINATORY HOUSING PRACTICE IN 
VIOLATION OF THIS ARTICLE, THE COMMISSION SHALL PROMPTLY NOTIFY 
IN WRITING THE REAL ESTATE COMMISSION OF THE STATE OF MARYLAND OF 
SAID VIOLATION OR FAILURE TO COMPLY. 

SEC. 2. AND BE IT FURTHER ORDAINED, That if any provision of 
this Ordinance or the application thereof to any person or 
circumstance is held invalid for any reason in a court of 
competent jurisdiction, the invalidity does not affect other 
provisions or any other application of this ordinance which can 
be given effect without the invalid provision or application, and 
for this purpose the provisions of this ordinance are declared 
severable . 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 3 0TH DAY AFTER THE date of its 
enactment. 

Approved January 2, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 4 24 
(Council Bill No. 643) 
AN ORDINANCE concerning 

REZONING - 5009 LAWNDALE AVENUE 



42 



Ord. No. 425 



FOR the purpose of changing the zoning for the northern portions 
of the property known as 5009 Lawndale Avenue from the B-1-1 
Zoning District to the R-1 Zoning District, as outlined in 
red on the plat accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 15 
Article 30 - Zoning 
Baltimore City Code (198 3 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 15 of the Zoning District Maps of 
Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) title "Zoning" be and it is hereby amended by 
changing from the B-1-1 Zoning District to the R-1 Zoning 
District the northern portions of the property known as 5009 
Lawndale Avenue, as outlined in red on the plat accompanying this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved January 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 425 

(Council Bill No. 693) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 
PORT COVINGTON 



43 



Ord. No. 425 



FOR the purpose of approving the application of Western Maryland 
Railway Company, owner of certain property located in 
Baltimore city and bounded generally by Light Street on the 
west, the Middle Branch of the Patapsco River on the south, 
the Maryland Port Administration Long Line Facility Basin or 
the east and Cromwell Street on the north, such property 
consisting of approximately 68 acres more or less, together 
with certain piers and riparian areas including certain 
portions of the property which are subject to leases, to 
have such property designated an Industrial Planned 
Development in accordance with Sections 12.0-1 and 12.0-5 of 
Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended) and to approve the Development Plan 
submitted by Western Maryland Railway Company. 

By authority 

Article 30 - Zoning 

Sections 12.0-1 and 12.0-5 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, On the 17th day of March, 1989, representatives of 
Western Maryland Railway Company met with the Department of 
Planning of Baltimore City to hold a Pre-Petition Conference to 
explain the scope and nature of existing and proposed development 
on the property in order to institute proceedings to have such 
property designated an Industrial Planned Development; and 

WHEREAS, Together herewith, Western Maryland Railway 
Company, has made formal application to the City Council of 
Baltimore and has submitted the requisite Development Plan 
consisting of plans entitled Port Covington P.U.D. Submission, 
Sheets 1 through 10, revised May 19, — 1909 December 1. 1989 . 
intended to satisfy the requirements specified in Sections 12. 0-] 
and 12.0-5 of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) ; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the application of Western Maryland Railway 
Company, owner of the property located in Baltimore City and 
bounded generally by Light Street to the west, the Middle Branch 
of the Patapsco River on the south, the Maryland Port 
Administration Long Line Facility Basin on the east and Cromwell 
Street on the north, as outlined on the plat accompanying this 
Ordinance, to designate such property an Industrial Planned 
Development pursuant to Article 30, Section 12.0-1 and 12.0-5 of 
the Baltimore City Code (1983 Replacement Volume, as amended), b€ 
and it is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Development 
Plan (as scheduled in the Recital paragraph of this Ordinance) be 
and it is hereby approved. 

44 



Ord. No. 42 5 

SEC. 3. AND BE IT FURTHER ORDAINED, That in accordance with 
the provisions of Sec. 12. 0-5 (a) the following uses are permitted 
within the Industrial Planned Development: 

a. All uses permitted by the provisions of Article 
30, Sec. 7.1-l(b). 

b. In addition: 

1. Hotels and Motels. 

2. Offices - business, governmental and 
professional (including medical and dental 
clinics) . 

3. Retail Uses - including retail, service and 
other business establishments (including 
banks) . 

4. Clubs and lodges, including health clubs, 
marina yacht clubs and facilities, such as 
meeting rooms, shower facilities, swimming 
pools. 

5. Marinas - not to exceed 1, 000 800 on-land or 
in-water slips (provided that no boat repair 
facilities shall be allowed) . 

6. Marina fueling station and chandlery 
services. 

7. Restaurants and carry out food shops. 

8. Boat sales. 

9. Dry-stack boat storage. 

10. Off-street parking garages. 

11. Open off-street parking areas. 

12. Theaters. 

13. Educational Institutions, Trade Schools 

SEC. 4. AND BE IT FURTHER ORDAINED, That the minimum yard 
requirements shall not be applicable to specific lots created 
within the Industrial Planned Unit Development. 

SEC. 5. AND BE IT FURTHER ORDAINED, That subsequent to the 
passage of this Ordinance by the City Council, all substantial 

45 



Ord. No. 426 



changes in the approved Development Plan for the property shall 
be reviewed and approved by the Planning Commission for insurance 
of such changes consistent with this Ordinance. i 

SEC. 6. AND BE IT FURTHER ORDAINED, That subsequent to the 
passage of this Ordinance by the City Council, all plans for 
construction of material improvements upon the property shall be 
reviewed and approved by the Planning Commission to insure that 
such plans are consistent with the Development Plan and this j 
Ordinance. I 

SEC. 7. AND BE IT FURTHER ORDAINED, That upon passage of 1 
this Ordinance by the City Council, as evidence of the 
authenticity of the Development Plan which is a part hereof and 
in order to give notice to the departments which are ■ 

administering the Zoning Ordinance, the President of the City I 
Council shall sign the Development Plan, and when the Mayor ■ 
approves the Ordinance, he shall sign the Development Plan. The 
Director of Finance shall then transmit a copy of the Ordinance 
and the Development Plan to the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Supervisor of Assessments 
for Baltimore City, and the Zoning Administrator of Baltimore 
City. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the Ordinance 
shall take effect on the date of its enactment. 

Approved January 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 426 

(Council Bill No. 724) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
HOUSING FOR THE ELDERLY - 5150 BALTIMORE NATIONAL PIKE 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of housing for the elderly on a 
portion of the property known as 5150 Baltimore National 
Pike, as outlined in red on the plats accompanying this 
ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 4.5-ld-6 and 11.0-6d 

46 



I 



Ord. No. 427 



Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of housing for the 
elderly on a portion of the property known as 5150 Baltimore 
National Pike, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 4.5-ld-6 and 11.0-6d 
of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved January 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 27 

(Council Bill No. 771) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
HOME FOR HOMELESS PERSONS - 1211 WALL STREET 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of a home for homeless persons on 
the property known as 1211 Wall Street, as outlined in red 
on the plats accompanying this ordinance and providing for 
the termination of this ordinance. 

BY authority of 

Article 30 - Zoning 

47 



Ord. No. 428 



Sections 4.8-ld-2 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of a home for homeless 
persons containing 35 beds on the property known as 1211 Wall 
Street, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 4.8-ld-2 and 11.0-6d 
of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments f.or Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. It shall remain effective for the term of the current 
lease and, at the end of April 20, 1990, and with no further 
action required by the Mayor and City Council, this ordinance 
shall be abrogated and of no further force and effect. 

Approved January 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 428 

(Council Bill No. 877) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND CAPITAL APPROPRIATION - 
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary Special Fund Capital 
appropriation in the amount of $1,300,000 to the Department 
of Housing and Community Development (Account No. 9911-588- 
563) for the City to provide a re-loan of a Maryland 

48 



I 



Ord. No. 428 



Industrial and Commercial Redevelopment Fund (MICRF) loan to 
the Dome Corporation for development at the Johns Hopkins 
Bayview Research Campus. 

By authority of 

Article VI - Board of Estimates 

Section 2 (h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents a Maryland 
Industrial and Commercial Redevelopment Fund (MICRF) loan in 
excess of the amount from this source estimated and relied upon 
by the Board of Estimates in determining the tax levy required to 
balance the budget for the 1990 fiscal year, and said money is 
therefore available for appropriation to the Department of 
Housing and Community Development pursuant to the provisions of 
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 
Revision, as amended) ; and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2(h)(2) of said Charter; 
and 

WHEREAS, This supplementary Special Fund Capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
20th day of December, 1989, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $1,300,000 shall be made available to the Department 
of Housing and Community Development (Account No. 9911-588-563) 
as a supplementary Special Fund Capital appropriation for the 
fiscal year ending June 30, 1990 for the City to provide a re- 
loan of a Maryland Industrial and Commercial Redevelopment Fund 
(MICRF) loan to the Dome Corporation for development at the Johns 
Hopkins Bayview Research Campus which could not reasonably be 
anticipated at the time of formulation of the proposed fiscal 
1990 Ordinance of Estimates. The amount thus made available as a 
supplementary Special Fund Capital appropriation shall be 
expended from a Maryland Industrial and Commercial Redevelopment 
Fund (MICRF) loan in excess of the amount from this source which 
was estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said Maryland Industrial 
and Commercial Redevelopment Fund (MICRF) loan shall be the 

49 



Ord. No. 429 



source of revenue for this supplementary Special Fund Capital 
appropriation as required by Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved January 26, 1990 

KURT L. SCHMOKE, Mayo] 



CITY OF BALTIMORE 

ORDINANCE NO. 4 29 

(Council Bill No. 885) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND CAPITAL APPROPRIATION - 
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary General Fund Capital] 
appropriation in the amount of $2,100,000 to the Department 
of Housing and Community Development (Account No. 9911-588- 
708) to fund the purchase by the Mayor and City Council of 
the Six Flags' interest in the Power Plant property, and 
associated maintenance thereof. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (1) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced from excess amounts from reserve funds transferred to 
the City as a result of the defeasance of the City's Residential 
Financing Revenue Bonds, 1978 Series (Coldspring Loan Program) in "'■ 
excess of the amount from these sources estimated and relied upon 
by the Board of Estimates in determining the tax levy required to 
balance the budget for the 1990 fiscal year, and said money is 
therefore available for appropriation to the Department of 
Housing and Community Development pursuant to the provisions of 
Article VI, Section 2(h)(1) of the Baltimore City Charter (1964 
Revision, as amended) ; and 

WHEREAS, The additional sum appropriated herein is made 
available for a new program which could not reasonably be 
anticipated at the time of the formulation of the proposed 
Ordinance of Estimates in accordance with Article VI, Section 
2(h)(1) of said Charter; and 

50 



Ord. No. 4 30 



WHEREAS, This supplementary General Fund Capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a special meeting of the Board held on the 
16th day of January, 1990, all in accordance with Article VI, 
Section 2 (h) (1) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, as 
amended, the sum of $2,100,000 shall be made available to the 
Department of Housing and Community Development (Account No. 
9911-588-708) as a supplementary General Fund Capital 
appropriation for the fiscal year ending June 30, 1990, to fund 
the purchase by the Mayor and City Council of the Six Flags' 
interest in the Power Plant property, and associated maintenance 
thereof. The amount thus made available as a supplementary 
General Fund Capital appropriation shall be expended from revenue 
produced from excess amounts from reserve funds transferred to 
the City as a result of the defeasance of the City's Residential 
Financing Revenue Bonds, 1978 Series (Coldspring Loan Program) in 
exess of the amount from these sources which was estimated and 
relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1990 fiscal year; and said 
funds from said revenue shall be the source of revenue for this 
supplementary General Fund Capital fund appropriation, as 
required by Article VI, Section 2(h)(1) of the Baltimore City 
Charter (1964 Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved January 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 30 

(Council Bill No. 532) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

DRIVE-IN RESTAURANT WITH A DRIVE-THROUGH WINDOW 

429 E. 29TH STREET 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of a drive-in restaurant with a 
drive-through window on the property known as 429 E. 29th 

51 



Ord. No. 4 31 



Street, as outlined in red on the plats accompanying this 
ordinance , subject to the condition that right turns only 
will be permitted onto Greeninount Avenue. 

BY authority of 

Article 30 - Zoning 

Sections 6.3-ld and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of a drive-in restaurant 
with a drive-through window on the property known as 429 E. 29th 
Street, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 6.3-ld and 11.0-6d of 
Article 30 of the Baltimore City Code (1976 Edition, as amended) 
title "Zoning" , subject to the condition that right turns only 
will be permitted onto Greenmount Avenue . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 2, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 431 

(Council Bill No. 657) 

AN ORDINANCE concerning 

CITY STREET - CLOSING A PORTION OF DRUID PARK DRIVE 

FOR the purpose of condemning and closing a portion of Druid Park 
Drive varying in width, located on the southeast side 

52 



Ord. No. 431 



thereof, and extending from Reisterstown Road, Southwesterly 
90 feet in accordance with a plat thereof numbered 346-A-21 
prepared by the Surveys and Records Division and filed in 
the Office of the Department of Public Works, on the 
Twentieth (20th) day of April, 1989. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and close a portion of 
Druid Park Drive varying in width, located on the southeast side 
thereof, and extending from Reisterstown Road, Southwesterly 90 
feet; the said portion of Druid Park Drive hereby directed to be 
condemned for said closing being described as follows: 

Beginning for the same at the point formed by the 
intersection of the southwest side of Reisterstown Road, 91 feet 
wide and the southeast side of Druid Park Drive, varying in width 
and running thence binding on the southeast side of said Druid 
Park Drive, South 59°-57'-25" West 90.00 feet to the beginning of 
the second line of fifty-fifth parcel of land conveyed by Lord 
Baltimore Filling Stations, Incorporated, to the American Oil 
Company by deed dated August 31, 19 54 and recorded among the Land 
Records of Baltimore City in Liber M.L.P. 9580, Folio 118; thence 
binding on the line of the second line of the fifty-fifth parcel 
of land described in said deed, if projected northwesterly. North 
30°-02'-35" West 31.50 feet; thence for straight lines the three 
following courses and distances; namely. North 39°-15'-00" East 
80.90 feet. North 86°-35'-30" East 8.30 feet and South 41^-44'- 
10" East 34.09 feet to intersect the line of the southwest side 
of said Reisterstown Road, if projected northwesterly, and thence 
binding reversely on last said line so projected, South 30°-02'- 
35" East 23.00 feet to the place of beginning. 

All courses and distances in the above description are 
referred to the true meridian as adopted by the Baltimore Survey 
Control System. 

The said portion of Druid Park Drive as directed to be 
condemned being delineated and particularly shown on a plat 
numbered 346-A-21 which was filed in the Office of the Department 
of Public Works on the Twentieth (20th) day of April, in the year 
1989 and is now on file in said Office. 



53 



Ord. No. 431 



SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
Ordinance, all subsurface structures and appurtenances now owned 
by the Mayor and City Council of Baltimore, shall be and continue 
to be the property of the Mayor and City Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council 
of Baltimore, and shall in the application for such permission 
and permits agree to pay all costs and charges of every kind and 
nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances now owned by the Mayor 
and City Council of Baltimore, over which said buildings or 
structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction of the 
Director of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances owned by 
any person, firm or corporation, other than the Mayor and City 
Council of Baltimore, shall upon notice from the Director of 
Public Works of Baltimore City, be promptly removed by and at the 
expense of the said owners. 






SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said highway or highways, the said Mayor and City 
Council of Baltimore, acting through its duly authorized 
representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances used 
by it therein, for the purposes of inspection, maintenance, 
repair, alteration, relocation and/or replacement, of any or all 
of said structures and appurtenances, and this without permission 
from or compensation to the owner or owners of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works with reference to the 
condemnation and closing of said portion of Druid Park Drive and 
the proceedings and rights of all parties interested or affected 

54 



« 



mt 



Ord. No. 4 32 



thereby, shall be regulated by, and be in accordance with, any 
and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved February 2, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 32 

(Council Bill No. 681) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE 
A PORTION OF DRUID PARK DRIVE 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell either at public or private sale all of 
the interest of the Mayor and City Council of Baltimore in 
and to a portion of Druid Park Drive varying in width, 
located on the southeast side thereof, and extending from 
Reisterstown Road, Southwesterly 90 feet. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to sell at either public or private sale in 
accordance with Article V, Section 5(b) of the City Charter (1964 
Revision, as amended) , all of the interest of the Mayor and City 
Council of Baltimore in and to a portion of Druid Park Drive 
varying in width, located on the southeast side thereof, and 
extending from Reisterstown Road, Southwesterly 90 feet in the 
City of Baltimore, and described as follows: 



55 



Ord. No. 433 



Beginning for the same at the point formed by the 
intersection of the southwest side of Reisterstown Road, 91 feet 
wide and the southeast side of Druid Park Drive, varying in width 
and running thence binding on the southeast side of said Druid 
Park Drive, South 59°-57'-25" West 90.00 feet to the beginning of 
the second line of fifty-fifth parcel of land conveyed by Lord 
Baltimore Filling Stations, Incorporated, to the American Oil 
Company by deed dated August 31, 1954 and recorded among the Land 
Records of Baltimore City in Liber M.L.P. No. 9580, Folio 118; 
thence binding on the line of the second line of the fifty-fifth 
parcel of land described in said deed, if projected 
northwesterly, North 30°-02'-35" West 31.50 feet; thence for 
straight lines the three following courses and distances; namely, 
North 39°-15'-00" East 80.90 feet, North 86°-35'-30" East 8.30 
feet and South 41°-44'-10" East 34.09 feet to intersect the line 
of the southwest side of said Reisterstown Road, if projected 
northwesterly, and t:hence binding reversely on last said line so 
projected. South 30°-02'-35" East 23.00 feet to the place of 
beginning. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 2, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 433 

(Council Bill No. 694) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 

For the purpose of approving the application of Sinai Hospital of 
Baltimore, Inc. , as leasehold owner of certain property 
located in Baltimore City, lying generally south of 
Belvedere Avenue and W. Northern Parkway, east of Lanier 
Avenue and north and west of Cylburn Avenue, as outlined on 
the plat accompanying this Ordinance, consisting of 
approximately 33.245 acres, more or less, to have such 
property designated a Office -Residential Planned Development 

56 



Ord. No. 433 



in accordance with Sections 12.0-1 and 12.0—3- 2 of 
Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended) and to approve the Development Plan 
submitted by Sinai Hospital of Baltimore, Inc. 

BY authority of 

Article 30 - Zoning 

Sections 12.01 and 12.0-9- 2 

Baltimore City Code (1983 Replacement Volume, as amended) 

WHEREAS, On the 2nd of June, 1989, representatives of Sinai 
Hospital of Baltimore, Inc. met with the Department of Planning 
of Baltimore City to hold a Pre-Petition Conference to explain 
the scope and nature of existing proposed development on the 
property in order to institute proceedings to have such property 
designated a Of f ic e -Residential Planned Development; and 

WHEREAS, Together herewith, Sinai Hospital of Baltimore, 
Inc. has made formal application to the City Council of Baltimore 
and has submitted the requisite Development Plan intended to 
satisfy the requirements specified in Sections 12.0-1 and 12.0-9- 
2 of Article 30 of the Baltimore City Code (1983 Replacement 
Volume, as amended) ; and 

WHEREAS, Sinai Hospital of Baltimore, Inc., requesting the 
introduction of this Bill signifies its intention to implement, 
execute, substantially complete and maintain the development of 
the property in accordance with the Development Plan; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the application of Sinai Hospital of Baltimore, 
Inc. , leasehold owner of the property located in Baltimore City 
lying generally south of Belvedere Avenue and W. Northern 
Parkway, east of Lanier Avenue and west of Cylburn Avenue, as 
outlined on the plat accompanying this Ordinance, designates such 
property a Office -Residential Planned Development pursuant to 
Article 30, Sections 12.0-1 and 12.0-9—2 of the Baltimore City 
Code (1983 Replacement Volume, as amended) , be and it is hereby 
approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Development 
Plan submitted by Sinai Hospital of Baltimore, Inc. consisting of 
the following: Plan Development Proposal Figure 1 "Location 
Map", dated June 22, 1989; Plan Development Proposal Figure 2 
"Existing Conditions" dated June 22, 1989; Plan Development 
Proposal Figure 3 "Existing Utility Plan" dated June 22, 1989; 
Plan Development Proposal Figure 4 "Master Plan - Current 
Project" dated June 22, 1989; Plan Development Proposal Figure 5 
"The Krieger Building" dated June 22, 1989; Plan Development 
Proposal Figure 6 "Employee Parking ^B'" dated June 22, 1989; 

57 



Ord. No. 433 



Plan Development Proposal Figure "Master Plan Intermediate 

Project" dated June 22, 1989; Plan Development Proposal Figure 7A 

"Master Plan Intermediate Project (Site Development)" dated 

June 22, 1989; Plan Development Proposal Figure 8 "Master Plan — 
- Long Range Projects" dated June 22, 1989, attached hereto and 
made a part hereof, be and it is hereby approved. 

SEC 3. AND BE IT FURTHER ORDAINED. That the use of the 
proposed building east of Greenspring Avenue be restricted to a 
regional pathology/ laboratory health care support facilitv with 
non-accessory offices only and/or accessory uses to the existing 
hospital operations with no primary offices. 

SEC 4. AND BE IT FURTHER ORDAINED. That a proposed minimum 
distance of 220' (with the possibility of minor modifications) 
from the nearest point of Northern Parkway to the nearest point 
of the proposed accessory building be maintained and preserved as 
a heavily wooded buffer. Any deviation from the proposed setback 
shall be reviewed and approved by the Department of Planning in 
accordance with an overall objective of minimizing the building 
visibility from Northern Parkway. The hospital will replenish 
any loss of trees due to construction of the building and will 
provide long-term evergreen planting around the north side of the 
retention pond and parking lot as indicated on the plan. 

SEC. 5. AND BE IT FURTHER ORDAINED. That the proposed 
building east of Greenspring Avenue be designed and constructed 
with materials that will minimize the building's visibility from 
Northern Parkway. 

Sec. 6. AND BE IT FURTHER ORDAINED. That the proposed set- 
back from Northern Parkway and other aspects of the siting and 
design of the building east of Greenspring. together with the 
maintenance and preservation of the wooded buffer along the 
remainder of the parcel in the heavily wooded state, are intended 
to preserve the character of the Northern Parkway as a greenbelt 
which provides a scenic buffer and provides a link in a larger 
green space environment. Any future modification to the PUD and 
development of the detailed plans for the building east of 
Greenspring should give priority to the achievement of these 
goals . 

SEC. ^ 7. AND BE IT FURTHER ORDAINED, That subsequent to 
the passage of this Ordinance by the City Council, all changes in 
the approved Development Plan for the property shall be reviewed 
and approved by the Planning Commission for insurance of such 
changes consistent with this Ordinance. 

SEC. 4 8. AND BE IT FURTHER ORDAINED, That upon passage of 
this Ordinance by the City Council, as evidence of the 
authenticity of the Development Plan which is a part hereof and 

58 



Ord. No. 4 34 



in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the City 
Council shall sign the Development Plan, and when the Mayor 
approves the Ordinance, he shall sign the Development Plan. Th( 
Director of Finance shall then transmit a copy of the Ordinance 
and the Development Plan to the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Supervisor of Assessments 
for Baltimore City, and the Zoning Administrator of Baltimore 
City. 

SEC. S 9. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 



Approved February 2, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 34 

(Council Bill No. 722) 

AN ORDINANCE concerning 

ZONING: UNLICENSED OR DERELICT MOTOR VEHICLES 

FOR the purpose of adding "unlicensed motor vehicle" and 

"derelict motor vehicle" to the list of definitions in the 
Zoning Code. 

BY adding 

Article 30 - Zoning 

Chapter 13 - Rules and Definitions 

Sections 13.0-2-23 1/2 and 13.0-2-93A 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 30 - ZONING 

Chapter 13 - Rules and Definitions 

13.0-2 Definitions. 

23 1/2. DERELICT MOTOR VEHICLE: A VEHICLE EXHIBITING A 
DEFECT, DAMAGE OR DETERIORATION SUFFICIENT TO PRECLUDE 
PROPER OPERATION UPON THE HIGHWAY. 

59 



Ord. No. 4 35 



9 3A. UNLICENSED MOTOR VEHICLE: AN UNREGISTERED MOTOR 
VEHICLE, OR A VEHICLE ON WHICH CURRENT TAGS ARE NOT 
DISPLAYED. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved February 2, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 435 

(Council Bill No. 723) 

AN ORDINANCE concerning 

ZONING - CONDITIONAL USE: AUTOMOTIVE REPAIR 

FOR the purpose of providing conditions and restrictions for the 
granting of conditional use permits relating to automotive 
repair; requiring that any conditions and restrictions be 
set forth in the written decision. 

BY repealing and reordaining with amendments 
Article 30 - Zoning 

Chapter 11 - Administration and Enforcement 
Section 11.0-3c-3 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section(s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 30 - ZONING 

Chapter 11 - Administration and Enforcement 

11.0-3 The Board of Municipal and Zoning Appeals. 

c. Conditional uses. 

3. Conditions and guarantees. Prior to the 
granting of any conditional use, the Board may impose such 
conditions and restrictions upon the establishment, location, 
construction, maintenance, and operation thereof as deemed _ 
necessary to reduce or minimize any effect of such use upon other 

60 



Ord. No. 436 



properties in the neighborhood, and to secure compliance with the 
standards and requirements specified in this chapter. SUCH 
CONDITIONS AND RESTRICTIONS SHALL BE IMPOSED WHENEVER THE BOARD 
GRANTS ANY CONDITIONAL USE RELATING TO AUTOMOTIVE REPAIR. In 
cases in which a conditional use is granted, the Board may 
require such evidence and guarantees as it deems necessary as 
proof that the conditions imposed in connection therewith shall 
met and compiled with. ANY CONDITIONS AND RESTRICTIONS IMPOSED 
SHALL BE SET FORTH IN THE BOARD'S WRITTEN DECISION TO GRANT THE 
CONDITIONAL USE. Failure to comply with such conditions or 
restrictions imposed shall constitute a violation of this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 

enactment. 

Approved February 2, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 436 • 

(Council Bill No. 738) 

AN ORDINANCE concerning 

REZONING - 24 01 E. NORTH AVENUE 

FOR the purpose of changing the zoning for the property known as 
2401 E. North Avenue, from the M-1-2 Zoning District to the 
B-3-2 Zoning District, as outlined in red on the plat 
accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 37 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 37 of the Zoning District Maps of 
Article 30-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by 
changing from the M-1-2 Zoning District to the B-3-2 Zoning 
District, the property known as 2401 E. North Avenue, as outlined 
in red on the plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 

61 



Ord. No. 437 



authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved February 2, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 37 

(Council Bill No. 776) 

AN ORDINANCE concerning 

CITY STREET - CHANGE OF NAME 

FOR the purpose of changing the name of Islamic Way between 

Pennsylvania Avenue and Division Street and between Druid 
Hill Avenue and McCulloh Street to Wilson Street. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the name of Islamic Way between Pennsylvania 
Avenue and Division Street and between Druid Hill Avenue and 
McCulloh Street be and it is hereby changed, and it shall 
hereafter be known as Wilson Street. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved February 2, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 438 

(Council Bill No. 833) 

62 



Ord. No. 4 38 



AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of $600,000 to the 
Department of Housing and Community Development (Program 584 
- Center City Development Corporation) to provide for 
additional operating expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by Unclaimed Property Proceeds ($156,000) and Fiscal 
1989 General Fund Unreserved Fund Balance ($444,000) in excess of 
the amounts from these sources estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1990 fiscal year, and said money is 
therefore available for appropriation to the Department of 
Housing and Community Development pursuant to the provisions of 
Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 
Revision, as amended) ; and 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 
formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
6th day of December, 1989, all in accordance with Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $600,000 shall be made available to the Department of 
Housing and Community Development (Program 584 - Center City 
Development Corporation) as a supplementary General Fund 
operating appropriation for the fiscal year ending June 30, 1990 
to provide for additional operating expenses which could not 
reasonably be anticipated at the time of formulation of the 
proposed fiscal 1990 Ordinance Of Estimates. The amount thus made 
available as a supplementary General Fund operating appropriation 

63 



Ord. No. 439 



shall be expended from revenue derived from Unclaimed Property 
Proceeds ($156,000) and Fiscal 1989 General Fund Unreserved Fund 
Balance ($444,000) shall be the sources of revenue for this 
Balance ($444,000) in excess of the amounts from these sources 
which were estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said Unclaimed Property 
Proceeds ($156,000) and Fiscal 1989 General Fund Unreserved Fund 
supplementary General Fund operating appropriation as required by 
Article VI, Section 2 (h)(3) of the Baltimore City Charter (1964 
Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 2, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 39 

(Council Bill No. 503) 

AN ORDINANCE concerning 

CITY PROPERTY - OPENING, WIDENING, GRADING, CONSTRUCTION 
AND MAINTENANCE OF GABLE AVENUE. 

FOR the purpose of authorizing the acquisition by purchase or 

condemnation by the Mayor and City Council of Baltimore of 
the fee simple interests or such other interests as the 
Commissioner of The Department of Transportation may deem 
necessary or sufficient, in and to certain pieces or parcels 
of land situate in Baltimore City, for highway purposes, 
namely for the opening, widening, grading, construction and 
maintenance of Gable Avenue extending from Nieman Avenue 
Northwesterly 400 feet, more or less, and authorizing the 
acquisition by purchase or condemnation of any property, 
rights, interests, easements and/or franchises necessary for 
the opening, grading, construction and maintenance of said 
Gable Avenue; and authorizing the making of all necessary 
agreements concerning said Gable Avenue; and authorizing the 
construction of said Gable Avenue; the location and course 
being shown on plats thereof numbered 117-D-53A Sheets 4 and 
5 of 5, filed in the office of the Director of the 
Department of Public Works on the Fourteenth (14th) day of 
January in the year of 1988 and R.W. 20-35714 filed in the 
office of the Director of the Department of Public Works on 



64 



Ord. No. 439 



the Twelfth (12th) day of August in the year of 1988 and 
revised through the Thirtieth (30th) day of August in the 
year of 1988, prepared by the Surveys and Records Division 
of The Department of Public Works. 

BY authority of 

Article I - General Provisions 

Section - 4 

Article II - General Powers 

Section - 2, 34 

Baltimore City Charter (1964 Revision, as amended). 

SECTION 1. Be it ordained by the Mayor and City Council of 
Baltimore, That it is necessary to acquire by purchase or 
condemnation for public highway purposes, namely, for the 
opening, widening, grading, construction and maintenance of Gable 
Avenue extending from Nieman Avenue Northwesterly 400 feet, more 
or less, the fee simple interests or such other interests as the 
Commissioner of the Department of Transportation may deem 
necessary in and to the pieces or parcels of land, situate in 
Baltimore City, including the improvements thereon, bounded as 
follows: 

1) Beginning for the same at the point formed by the 
intersection of the northeast side of Gable Avenue, as realigned 
and widened from its former width of 18 feet to a width of 34 
feet and the southeast outline of the parcel of land known as No. 
2201 Gable Avenue and running thence binding on the southeast 
outline of said parcel of land and on the northwest outline of 
Lot 1 as shown on a plat entitled "Subdivision Plat for Westshire 
Industrial Park" dated November 1, 1963 and recorded among the 
Plat Records of Baltimore City in Plat Pocket Folder J.F.C. No. 
1792, there situate, as now surveyed, South 68-56 '-30" West 16.0 
feet, more or less, to the southwest outline of said parcel of 
land known as No. 2201 Gable Avenue; thence binding on the 
southwest outline of said parcel of land. Northwesterly 7.4 feet, 
more or less, to intersect the northwest side of Gable Avenue, as 
realigned and widened from its former width of 18 feet to a 
varying width; thence binding on the northwest side of last said 
Gable Avenue, North 50°-18'-45" East 15.1 feet, more or less, and 
thence binding in part on the northeast side of last said Gable 
Avenue, in part on the northeast side of Gable Avenue mentioned 
firstly herein, and in all, South 39*»-4l'-15" East 12.54 feet to 
the place of beginning. 

Containing 151 square feet of land, more or less. 

All as shown on the plat numbered 117-D-53A Sheet 4 of 5. 

2) Beginning for the same at the point formed by the 
intersection of the center line of Gable Avenue, 18 feet wide and 

65 



Ord. No. 439 



the southeast outline of the CSX Transportation, Inc., railroad 
right of way and running thence binding along the southeast 
outline of said right of way and reversely on part of the third 
line of the parcel of land conveyed by Lula E. Moeller and 
husband to Ocea Brace Rice and wife etal by deed dated March 22, 
1948 and recorded among the Land Records of Baltimore City in 
Liber M.L.P. No. 7402, Folio 195, to the beginning thereof, there 
situate. Northeasterly 34.7 feet, more or less; thence binding 
reversely on part of the second line of said deed, Southeasterly 
42.3 feet, more or less, to intersect the northeast side of said 
Gable Avenue; thence by a straight line drawn at right angles to 
the northeast side of said Gable Avenue, South 27*>-30'-44" West 
9.00 feet to intersect the center line of said Gable Avenue, and 
thence binding on the center line of said Gable Avenue, North 62" 
-29 '-16" West 62.5 feet, more or less, to the place of beginning. 

Containing 975 square feet of land, more or less. 

All as shown on the plat numbered 117-D-53A Sheet 5 of 5. 

3) An easement for municipal utilities and services and a 
temporary construction easement as shown on the plat numbered 
R.W. 20-35714. 

All courses and distances in the above descriptions are 
referred to the true meridian as adopted by the Baltimore Survey 
Control System. 

Including all property, rights, interests, easements and/or 
franchises necessary for the opening, widening, grading, 
construction and maintenance of said Gable Avenue, the location 
and course of said Gable Avenue being shown on plats thereof 
numbered 117-D-53A Sheets 4 and 5 of 5, filed in the office of 
the Director of the Department of Public Works on the Fourteenth 
(14th) day of January in the year of 1988 and R.W. 20-35714 
filed in the office of the Director of the Department of Public 
Works on the Twelfth (12th) day of August in the year of 1988 and 
revised through the Thirtieth (30th) day of August in the year of 
1988, prepared by the Surveys and Records Division of The 
Department of Public Works. 

Any mention or reference to any streets, roads, avenues, 
highways or alleys in this Ordinance or on the plats referred to 
herein are for the purpose of description only, and shall not be 
held or taken to be any evidence whatever that said streets, 
roads, avenues, highways, alleys or any of them, are public, 
dedicated or private thoroughfares. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Commissioner of 
The Department of Transportation or the person or persons the 
Board of Estimates of Baltimore City may hereafter from time to 

66 



Ord. No. 4 3! 



time designate, is or are hereby authorized to acquire on behalf 
of the Mayor and City Council of Baltimore, and for the purposes 
described in this Ordinance, the fee simple interests or such 
other interests as the said Commissioner may deem necessary or 
sufficient, in and to said pieces or parcels of land and 
improvements thereupon, including all property, rights, 
interests, easements and/or franchises necessary for the opening, 
widening, grading, construction and maintenance of said Gable 
Avenue. If the said Commissioner of The Department of 
Transportation, or person or persons the Board of Estimates of 
Baltimore City may designate are unable to agree with the owner 
or owners on the purchase price of any of the said pieces or 
parcels of land and improvements thereupon or for any of the said 
properties, rights, interests, easements and/or franchises, they 
shall forthwith notify the City Solicitor of Baltimore City who 
shall thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to acquire 
by condemnation the fee simple interests or such other rights, 
interests, easements and/or franchises as the said Commissioner 
may deem necessary or sufficient for the purposes of said Gable 
Avenue. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the proceedings for 
the acquisition by condemnation of the property and rights herein 
described and the rights of all parties interested or affected 
thereby shall be regulated by and be in accordance with the 
provisions of The Real Property Article of the Annotated Code of 
Maryland (1974), Title 12, Section 101 Et Seq. and any and all 
amendments thereto. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the said 
Commissioner of The Department of Transportation or person or 
persons the Board of Estimates of Baltimore City may designate 
are also hereby authorized to negotiate for and to enter into in 
the name of the Mayor and City Council of Baltimore, any and all 
necessary agreements with the Federal and State Governments, or 
any of their agencies, and any other persons, firms or 
corporations, in aid of, in furtherance of, or in connection with 
said Gable Avenue; all such acquisitions and agreements to be 
subject to the approval of the Board of Estimates. 

SEC. 5. AND BE IT FURTHER ORDAINED, That after the necessary 
agreements have been made and the necessary properties, lands, 
rights, easements and/or franchises have been acquired as 
hereinbefore provided, the Commissioner of The Department of 
Transportation of Baltimore City is hereby authorized and 
directed to constuct or cause to be constructed the said Gable 
Avenue, all in accordance with detailed plans hereafter to be 
prepared therefor and after said plans have been approved by the 
said Commissioner of the Department of Transportation. 



67 



Ord. No. 440 



SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance " 
shall take effect from the date of its enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 440 

(Council Bill No. 531) 

AN ORDINANCE concerning 

REZONING - 429 E. 29TH STREET 

FOR the purpose of changing the zoning for the property known as 
429 E. 29th Street from the B-2-2 Zoning District to the B- 
3-2 Zoning District, as outlined in red on the plat 
accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 36 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 3 6 of the Zoning District Maps of 
Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) title "Zoning" be and it is hereby amended by 
changing from the B-2-2 Zoning District to the B-3-2 Zoning 
District, the property known as 429 E. 29th Street, as outlined 
in red on the plat accompanying this ordinance. 



< 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of \ 
this ordinance by the City Council, as evidence of the # 

authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

68 



Ord. No. 441 



Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 441 

(Council Bill No. 613) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

NURCING HOME CONVALESCENT HOME (SENIOR ASSISTED HOUSING) 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of a nursing hom e convalescent 
home (senior assisted housing) on the property located at 
3912 Dorchester Avenue, as outlined in red on the plats 
accompanying this ordinance, subject to final licensure by 
the State Department of Health and Mental Hygiene and 
defining senior assisted housing. 

BY authority of 

Article 30 - Zoning 

Section(s) 4.2-ld and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted to Janet Jones for 
the establishment, maintenance and operation of a nur s ing home 
convalescent home (senior assisted housing) on the property 
located at 3912 Dorchester Road, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Section (s) 
4.2-ld and 11.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) title "Zoning", and Section 1 of 
Article 12, title "Hospitals" of the Baltimore City Code (1983 
Replacement Volume, as amended) , subject to final licensure by 
the State Department of Health and Mental Hygiene. As used in 
this ordinance, "senior assisted housing" means a facility 
providing a home-like supervised residential setting for no more 
than 11 frail but ambulatory persons age 62 or over and providing 
24-hour on-site supervision and assistance with personal care and 
housekeeping. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of the 
ordinance by the City Council, as evidence of the authenticity of 
the plat which is a part hereof and in order to give notice to 
the departments which are administering the Zoning Ordinance, the 
President of City Council shall sign the plat and when the Mayor 

69 



Ord. No. 442 



approves the ordinance, he shall sign the plat. The Director of 
Finance shall then transmit a copy of the ordinance and one of 
the plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, the Supervisor 
of Assessments for Baltimore City and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 442 

(Council Bill No. 676) 

AN ORDINANCE concerning 

ZONING CODE - PLANNED UNIT DEVELOPMENT 

FOR the purpose of changing the time within which the Zoning 

Board and the Planning Commission are required to report to 
the City Council on Planned Unit Development bills. 

BY repealing and reordaining with amendments 
Article 30 - Zoning 
Chapter 12 - Planned Developments 
Second paragraph of Section 12.0-lb 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 30 - ZONING CODE 

Chapter 12 - Planned Developments 

12.0-1 Procedure and Standards. 

b. Application and Approval. 

The Board and the Planning Commission shall forward 
their reports and recommendations in writing, together with the 
reasons therefor, to the City Council with copies to the Zoning 

70 



I 



Ord. No. 44 3 



Administrator [within 30 working days, exclusive of holidays, J. 
after the ordinancG A BILL APPROVING THE PROPOSED DEVELOPMENT 
PLAN has been introduced into the City Council. In the event 
that the Board &€ or Planning Commission shall fail to so act on 
said ordinancG CITY COUNCIL BILL within [that time, the 
development plan shall be deemed to have been favorably reported 
by the Board or Commission] 100 DAYS AFTER INTRODUCTION OF A 
PROPOSED DEVELOPMENT, THE CITY COUNCIL MAY PLACE THE PROPOCED 
DEVELOPMENT SAID BILL ON THE SECOND READING CALENDAR; provided, 
however, that the applicant may waive this time limit and consent 
to an extension of such period in which event he shall give 
written notice of the waiver to the President of the City Council 
with copies to the Board, Commission, and the Zoning 
Administrator. 

SEC. 2. AND BE IT FURTHER ORDAINED, that this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 44 3 

(Council Bill No. 748) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 3 00 S. HIGH STREET 

FOR the purpose of authorizing the construction and maintenance 
of 2 footings on the Albemarle Street side of the property 
and an enclosed stairway with a show window on the Fawn 
Street side of the property. 

By authority 

Article 32 - Building Code 
Sections 507.1, 507.2, 507.4, 507.8 
Baltimore City Building Code (1987 Edition) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the construction and maintenance of the following 
structures extending into the public right of way on the property 
known as 300 S. High Street are hereby authorized: 

(1) On the Albemarle Street side of the property will be 2 
footings both extending approximately 4 feet into the public 



71 



Ord. No. 444 



right of way, one being approximately 6 feet wide and the 
other approximately 7 feet wide; 

(2) On the Fawn Street side of the property the enclosed 
stairwell with a show window will extend approximately 4 
feet into the public right of way and will be approximately 
21 feet wide. 

Except as in this ordinance specifically provided, all 
ordinances and all rules and regulations of the Mayor and City 
Council of Baltimore shall be complied with in the construction 
and use of these structures. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 444 

(Council Bill No. 792) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION- 
BALTIMORE CITY HEALTH DEPARTMENT 

FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of $439,975 to the 
Baltimore City Health Department (Program 300 - 
Administrative Direction and Control) to be used for 
additional operating expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents State Aid 
- Local Health Operations in excess of the amount from this 
source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Baltimore City Health Department pursuant to 
the provisions of Article VI, Section 2(h)(2) of the Baltimore 
City Charter (1964 Revision, as amended); and 



72 



Ord. No. 445 



WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 
formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(2) of said Charter; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
8th day of November, 1989, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $439,975 shall be made available to the Baltimore City 
Health Department (Program 300 - Administrative Direction and 
Control) as a supplementary General Fund operating appropriation 
for the fiscal year ending June 30, 1990, to provide for 
additional operating expenses which could not reasonably be 
anticipated at the time of formulation of the proposed fiscal 
1990 Ordinance of Estimates. The amount thus made available as a 
supplementary General Fund operating appropriation shall be 
expended from State Aid - Local Health Operations in excess of 
the amount from this source which was estimated or relied upon by 
the Board of Estim.ates in determining the tax levy required to 
balance the budget for the 1990 fiscal year; and said funds from 
said State Aid - Local Health Operations shall be the source of 
revenue for this supplementary General Fund operating 
appropriation as required by Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 44 5 

(Council Bill No. 793) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION- 
BALTIMORE CITY HEALTH DEPARTMENT 



73 



Ord. No. 445 



FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of $3,754 to the 
Baltimore City Health Department (Program 302 - 
Environmental Health) to be used for additional operating 
expenses . 

By authority of 

Article VI - Board of Estimates 

Section 2 (h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents State Aid 
- Local Health Operations in excess of the amount from this 
source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Baltimore City Health Department pursuant to 
the provisions of Article VI, Section 2(h)(2) of the Baltimore 
City Charter (1964 Revision, as amended); and 

V7HEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 
formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(2) of said Charter; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
8th day of November, 1989, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

1 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ■ 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $3,754 shall be made available to the Baltimore City 
Health Department (Program 302 - Environmental Health) as a 
supplementary General Fund operating appropriation for the fiscal 
year ending June 30, 1990, to provide for additional operating 
expenses which could not reasonably be anticipated at the time of 
formulation of the proposed fiscal 1990 Ordinance of Estimates. 
The amount thus made available as a supplementary General Fund 
operating appropriation shall be expended from State Aid - Local 
Health Operations in excess of the amount from this source which 
was estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said State Aid - Local 
Health Operations shall be the source of revenue for this 
supplementary General Fund operating appropriation as required by 



74 



Ord. No. 446 



Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 
Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 44 6 

(Council Bill No. 794) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION- 
BALTIMORE CITY HEALTH DEPARTMENT 

FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of $66,262 to the ^ 

Baltimore City Health Department (Program 304 - Clinical ^ 

Services) to be used for additional operating expenses. 2 

< 
By authority of 

Article VI - Board of Estimates T 

Section 2 (h) (2) C 

Baltimore City Charter (1964 Revision, as amended) C 

C 

WHEREAS, The money appropriated herein represents State Aid c 

- Local Health Operations in excess of the amount from this ^ 
source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 

1990 fiscal year, and said money is therefore available for r 

appropriation to the Baltimore City Health Department pursuant to ^ 
the provisions of Article VI, Section 2(h)(2) of the Baltimore 

City Charter (1964 Revision, as amended); and \ 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 
formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(2) of said Charter; and ^ 

WHEREAS, This supplementary General Fund operating Z- 

appropriation has been recommended to the City Council by the ^ 

Board of Estimates at a regular meeting of the Board held on the ^ 

8th day of November, 1989, all in accordance with Article VI, 

75 



Ord. No. 447 



Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $66,262 shall be made available to the Baltimore City 
Health Department (Program 304 - Clinical Services) as a 
supplementary General Fund operating appropriation for the fiscal 
year ending June 30, 1990, to provide for additional operating 
expenses which could not reasonably be anticipated at the time of 
formulation of the proposed fiscal 1990 Ordinance of Estimates. 
The amount thus made available as a supplementary General Fund 
operating appropriation shall be expended from State Aid - Local 
Health Operations in excess of the amount from this source which 
was estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said State Aid - Local 
Health Operations shall be the source of revenue for this 
supplementary General Fund operating appropriation as required by 
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 
Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 447 

(Council Bill No. 795) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION- 
BALTIMORE CITY HEALTH DEPARTMENT 

FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of $4,300 to the 
Baltimore City Health Department (Program 306 - General 
Nursing Services) to be used for additional operating 
expenses . 

By authority of 

Article VI - Board of Estimates 

Section 2 (h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

76 



Ord. No. 447 

WHEREAS, The money appropriated herein represents State Aid 
- Local Health Operations in excess of the amount from this 
source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Baltimore City Health Department pursuant to 
the provisions of Article VI, Section 2(h)(2) of the Baltimore 
City Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 
formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(2) of said Charter; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
8th day of November, 1989, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ' 

BALTIMORE, That under the provisions of -Article VI, Section O^ 

2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 2* <■ 

the sum of $4,300 shall be made available to the Baltimore City ,- » 

Health Department (Program 306 - General Nursing Services) as a 

supplementary General Fund operating appropriation for the fiscal ^ ► 

year ending June 30, 1990, to provide for additional operating r " 

expenses which could not reasonably be anticipated at the time of Q ', ' 

formulation of the proposed fiscal 1990 Ordinance of Estimates. 

The amount thus made available as a supplementary General Fund ^^^ 

operating appropriation shall be expended from State Aid - Local g^ r 

Health Operations in excess of the amount from this source which 
was estimated or relied upon by the Board of Estimates in 

determining the tax levy required to balance the budget for the '. 

1990 fiscal year; and said funds from said State Aid - Local ( 

Health Operations shall be the source of revenue for this 
supplementary General Fund operating appropriation as required by 
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 r 

Revision, as amended) . [ 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance ) 

shall take effect on the date of its enactment. 

Approved February 15, 1990 ^ 

KURT L. SCHMOKE, Mayor -^ 



77 



Ord. No. 448 

CITY OF BALTIMORE 

ORDINANCE NO. 44 8 

(Council Bill No. 796) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION- 
BALTIMORE CITY HEALTH DEPARTMENT 



4 



FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of $96,857 to the 
Baltimore City Health Department (Program 308 - Children and 
Youth Services) to be used for additional operating 
expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2 (h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents State Aid 
- Local Health Operations in excess of the amount from this 
source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Baltimore City Health Department pursuant to 
the provisions of Article VI, Section 2(h)(2) of the Baltimore 
City Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 
formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(2) of said Charter; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
8th day of November, 1989, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $96,857 shall be made available to the Baltimore City 
Health Department (Program 308 - Children and Youth Services) as 
a supplementary General Fund operating appropriation for the 
fiscal year ending June 30, 1990, to provide for additional 

78 



Ord. No. 449 



operating expenses which could not reasonably be anticipated at 
the time of formulation of the proposed fiscal 1990 Ordinance of 
Estimates. The amount thus made available as a supplementary 
General Fund operating appropriation shall be expended from State 
Aid - Local Health Operations in excess of the amount from this 
source which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1990 fiscal year; and said funds from said State 
Aid - Local Health Operations shall be the source of revenue for 
this supplementary General Fund operating appropriation as 
required by Article VI, Section 2(h)(2) of the Baltimore City 
Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 449 



(Council Bill No. 797) ^c 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION- >* ' 

BALTIMORE CITY HEALTH DEPARTMENT C^ ' 

FOR the purpose of providing a supplementary General Fund t . 

operating appropriation in the amount of $7,508 to the ^r 

Baltimore City Health Department (Program 310 - School ^ 
Health Services) to be used for additional operating 
expenses. 



r 



By authority of 

Article VI - Board of Estimates v. 

Section 2 (h) (2) f^ - 

Baltimore City Charter (1964 Revision, as amended) JH "' 

00- 

WHEREAS, The money appropriated herein represents State Aid ^ - 
- Local Health Operations in excess of the amount from this 
source estimated and relied upon by the Board of Estimates in 

determining the tax levy required to balance the budget for the ^ " 

1990 fiscal year, and said money is therefore available for ^ 

appropriation to the Baltimore City Health Department pursuant to 2 " 

the provisions of Article VI, Section 2(h)(2) of the Baltimore ZD *'' 

City Charter (1964 Revision, as amended); and ^^ 

79 



Ord. No. 450 



I 



WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 
formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(2) of said Charter; and 

WHEREAS, This supplementary General Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
8th day of November, 1989, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $7,508 shall be made available to the Baltimore City 
Health Department (Program 310 - School Health Services) as a 
supplementary General Fund operating appropriation for the fiscal 
year ending June 30, 1990, to provide for additional operating 
expenses which could not reasonably be anticipated at the time of 
formulation of the proposed fiscal 1990 Ordinance of Estimates. 
The amount thus made available as a supplementary General Fund 
operating appropriation shall be expended from State Aid - Local 
Health Operations in excess of the amount from this source which 
was estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said State Aid - Local 
Health Operations shall be the source of revenue for this 
supplementary General Fund operating appropriation as required by 
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 
Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 50 

(Council Bill No. 798) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION- 
BALTIMORE CITY HEALTH DEPARTMENT 



80 



Ord. No. 450 

FOR the purpose of providing a supplementary General Fund 

operating appropriation in the amount of $7,000 to the 
Baltimore City Health Department (Program 311 - Health 
Services for the Aging) to be used for additional operating 
expenses . 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents State Aid 
- Local Health Operations in excess of the amount from this 
source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Baltimore City Health Department pursuant to 
the provisions of Article VI, Section 2(h)(2) of the Baltimore 
City Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 

formulation and adoption of such Ordinance, in accordance with -_ 

Article VI, Section 2(h)(2) of said Charter; and UJ 

WHEREAS, This supplementary General Fund operating ^ - 
appropriation has been recommended to the City Council by the 

Board of Estimates at a regular meeting of the Board held on the . I' ■ 

8th. day of November, 1989, all in accordance with Article VI, ^ 

Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as CI 
amended) . 

c 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ^ 
BALTIMORE, That under the provisions of Article VI, Section 

2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 1^ 

the sum of $7,000 shall be made available to the Baltimore City "ir 

Health Department (Program 311 -Health Services for the Aging) as O 
a supplementary General Fund operating appropriation for the 

fiscal year ending June 30, 1990, to provide for additional ^ 

operating expenses which could not reasonably be anticipated at f\ 

the time of formulation of the proposed fiscal 1990 Ordinance of J^ 

Estimates. The amount thus made available as a supplementary r/^ 

General Fund operating appropriation shall be expended from State p ' 
Aid - Local Health Operations in excess of the amount from this 
source which was estimated or relied upon by the Board of 

Estimates in determining the tax levy required to balance the ^ 

budget for the 1990 fiscal year; and said funds from said State ^ 

Aid - Local Health Operations shall be the source of revenue for ^ 
this supplementary General Fund operating appropriation as 

required by Article VI, Section 2(h)(2) of the Baltimore City '^ 
Charter (1964 Revision, as amended) . 

81 



Ord. No. 451 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 15, 1990 " 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 51 

(Council Bill No. 814) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 28, approved 

April 1, 1976, which provided for reserved parking on the 
east side of Charles Street north of 27th Street for 
vehicles transporting blood. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 28, approved April 1, 1976, is 
hereby repealed and the authorization for reserved parking on the 
east side of Charles Street north of 27th Street, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 52 

(Council Bill No. 817) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 938, approved 

May 1, 1987, which provided for reserved parking on the east 
side of Spring Street, for Thomas Pridgin. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 938, approved May 1, 1987, is 

82 



Ord. No. 4 53 



hereby repealed and the authorization for reserved handicap 
parking on the east side of Spring Street north of Biddle Street, 
is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 15, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 453 

(Council Bill No. 740) 

AN ORDINANCE concerning 

REZONING - S. HANOVER, W. MONTGOMERY, W. CHURCHILL 
AND W. HENRIETTA STREETS 

FOR the purpose of changing the zoning for the property known as - 

815 S. Hanover Street from the D 2 1 B-1-2 Zoning District Q^ 

to the R-8 Zoning District, as outlined in red; by changing ^t 

the zoning for the property known as 11/13 W. Montgomery ,- - 

Street from the B-3-3 Zoning District to the R-8 Zoning "^ * 

District, as outlined in blue; by changing the zoning for — ► 

the properties known as 817-831 S. Hanover Street from the ^* 

R-7 Zoning District to the R-8 Zoning District, as outlined Q^ ' 

in green; and by changing the zoning for the properties ^ 

known as 800-826 S. Charles Street, 3/9 W. Montgomery ^^ 

Street, 15-21 W. Churchill Street and 4-18 W. Henrietta f^ 'r 

Street from the B-2-3 Zoning District to the R-8 Zoning " 
District, as outlined in orange on the plat accompanying 
this ordinance. 



BY amending Zoning District Maps 
Sheet No. 66 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 66 of the Zoning District Maps of 
Article 30-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by 
changing the zoning for the property known as 815 S. Hanover 
Street from the D 2 1 B-1-2 Zoning District to the R-8 Zoning 
District, as outlined in red; by changing the zoning for the 
property known as 11/13 W. Montgomery Street from the B-3-3 
Zoning District to the R-8 Zoning District, as outlined in blue; 

83 



o 



00 

r ' 



Ord. No. 454 



by changing the zoning for the properties known as 817-831 S. 
Hanover Street from the R-7 Zoning District to the R-8 Zoning 
District, as outlined in green; and by changing the zoning for 
the properties known as 800-826 S. Charles Street, 3/9 W. 
Montgomery Street, 15-21 W. Churchill Street and 4-18 W. 
Henrietta Street from the B-2-3 Zoning District to the R-8 Zoning 
District, as outlined in orange on the plat accompanying this 
ordinance. 



i 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved February 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 54 

(Council Bill No. 753) 

AN ORDINANCE concerning 

FRANCHISE FOR A HEAT PUMP - 
137 W. LEE STREET 

FOR the purpose of granting permission and authority to Michael 
J. Peach, his tenants, successors and assigns, to use and 
maintain, at his own cost and expense a heat pump and 
enclosure extending approximately 4 feet onto the public 
sidewalk. 

By authority of 

Article VIII - Franchises 

Charter of Baltimore City (1964 Revision, as amended) 



84 



Ord. No. 4 54 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission and authority are hereby granted to 
Michael J. Peach, his tenants, successors and assigns, 
hereinafter referred to as the "Grantee" to use and maintain, at 
his own cost and expense, for the period of 25 years, the 
following structure: 

A heat pump with a wooden enclosure at 137 W. Lee Street to 
be located on the Sharp Street side of the building. The 
structure will extend approximately 4 feet onto the public 
sidewalk and will be approximately 5 feet wide. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the structure shall 
be maintained in compliance with all applicable laws and 
regulations of Baltimore City. The maintenance of the structure 
shall be under the supervision of the Grantee and shall be at all 
times hereafter subject to the regulation and control by the 
Commissioner of the Department of Housing and Community 
Development. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall maintain the structure in good condition throughout the 
full term of this grant, so long as the structure exists at the 

location described herein. In the event the said structure must ^^ 

be readjusted, relocated, protected, or supported to accommodate ^ 

a public improvement, the Grantee shall pay all costs in 
connection therewith. 



Oc 



o 



SEC. 4. AND BE IT FURTHER ORDAINED, That the franchise 
herein granted shall be held, exercised, and enjoyed for a period ' 

not to exceed 25 years from the effective date of this ordinance. <^ ^ 

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee ^C 

shall pay to the Mayor and City Council of Baltimore, as » 

compensation for the franchise or privilege hereby granted, the [ 

sum of $120 per year, payable in advance during the continuance 
of this franchise or privilege; provided, that the Mayor and City 
Council of Baltimore, acting by and through the Board of ', 

Estimates, may increase or decrease the franchise charge payable '^ - 

by the Grantee under the provisions hereof by giving written [. 

notice to that effect to the Grantee at least 150 days prior to U- 

the expiration of this first 5 years of the term granted herein, (/^ " 

or at the expiration of any subsequent 5 year period of said term f " - 

granted herein, any such increase or decrease of said franchise 

charge to be effective at the beginning of the next succeeding 5 ^ 

year period of the term granted herein. ^ 

SEC. 6. AND BE IT FURTHER ORDAINED, That the Mayor and City t^ 

Council of Baltimore hereby expressly reserves the right and 
power, at all times, to exercise, in the interest of the public, 
full municipal superintendence, regulation and control in respect 

85 



Ord. No. 454 



to all matters connected with this grant, and not inconsistent 
with the terms thereof . 

SEC. 7. AND BE IT FURTHER ORDAINED, That non-compliance at 
any time or times with any of the terms or conditions of the 
grant hereby made shall, at the option of the Mayor and City 
Council of Baltimore, operate as a forfeiture of the same, which 
shall thereupon be and become void, and that nothing short of an 
ordinance of the Mayor and City Council of Baltimore shall 
operate as a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE FURTHER ORDAINED, That the Mayor of Baltimore 
City shall have the right to revoke the rights and privileges 
hereby granted at any time or times when, in his judgment, the 
public interest, welfare, safety, or convenience requires such 
revocation, and upon written notice to that effect from the Mayor 
of Baltimore City served upon the Grantee, all such rights shall 
cease and determine. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event of any 
revocation, forfeiture, or termination of the rights and 
privileges by this ordinance granted, the said Grantee shall, at 
its expense, promptly remove the structure for which the 
franchise is herein granted in a manner satisfactory to the 
Commissioner of the Department of Housing and Community 
Development, and such removal shall be made without any 
compensation to the Grantee and shall be completed within such 
reasonable time as specified in writing by the said Commissioner 
of the Department of Housing and Community Development. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall be liable for and shall indemnify and save harmless the 
Mayor and City of Baltimore, except for gross negligence by the 
City of Baltimore, from and against any and all suits, losses, 
costs, claims, damages, or expenses to which the Mayor and City 
Council may, from time to time, be subjected on account of, by 
reason of, or in any way resulting from: 

A. The presence, use, operation, maintenance, 
alteration, repair, location, relocation, or removal of the 
structure for which the franchise is herein granted; and 

B. Any failure on the part of said Grantee to perform, 
promptly and properly, any of the duties or obligations imposed 
upon it or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



86 






Ord. No. 4 55 



Approved February 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 55 

(Council Bill No. 762) 

AN ORDINANCE concerning 

WAIVER OF BUILDING CODE PROVISIONS 

FOR the purpose of waiving certain provisions of the Baltimore 

City Building Code to permit construction and maintenance of 
a projecting ramp for the handicapped at 1801 S. Hanover 
Street. 

By waiving 

Article 32 - Building Code of Baltimore City 

Sections 507.2 and 507.12 

Baltimore City Building Code (1987 Edition, as amended) ^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 2 

BALTIMORE, That Sections 507.2 and 507.12 of the Baltimore City 
Building Code (1987 Edition, as amended are hereby waived in 
order to permit the construction and maintenance of improvements 
to 1801 S. Hanover Street, consisting of a projecting ramp for 
the handicapped not more than 4 feet 3 inches from the building 
into the adjoining sidewalk area. Except as in this ordinance 

specificaly provided, all ordinances and all rules and ' ^ 

regulations of the Mayor and City Council of Baltimore shall be ^- 

complied with in the construction and use of said structure. 

u 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance ^ 

shall take effect on the date of its enactment. 



Approved February 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 56 

(Council Bill No. 765) 






(A 



> 

AN ORDINANCE concerning ^ 

CITY PROPERTY SALE - FEDERAL STREET 
87 



1 

I 



Ord. No. 456 



FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell, either at public or private sale, all of 
the interest of the Mayor and City Council of Baltimore in 
and to a certain parcel of land no longer needed for highway 
or other public use and known as a portion of Federal Street, 
contiguous to the north side thereof, extending from Calvert 
Street westerly to Hargrove Alley. 

BY authority of 

Article V - Comptroller 

Section 5 (b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller be and he is hereby authorized to 
sell, either at public or private sale, in accordance with 
Article V, Section 5 (b) of the City Charter (1964 Revision, as 
amended) , all of the interest of the Mayor and City Council of 
Baltimore in and to a portion of Federal Street, contiguous to 
the north side thereof, extending from Calvert Street westerly to 
Hargrove Alley, in the City of Baltimore, and described as 
follows : 

Beginning for the same at the point formed by the 
intersection of the north side of Federal Street, as now laid 
out, and the west side of Calvert Street, 60 feet wide, and 
running thence binding on the west side of said Calvert Street, 
Southerly 25 feet; thence by a straight line. North 81 -19'-10" 
West 125 feet, more or less, to the point formed by the 
intersection of the north side of said Federal Street and the 
east side of Hargrove Alley, 20 feet wide, and thence binding on 
the north side of said Federal Street, Easterly 122 feet, more or 
less, to the place of beginning. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 27, 1990 

KURT L. SCHMOKE, Mayor 



88 



Ord. No. 457 

CITY OF BALTIMORE 

ORDINANCE NO. 4 57 

(Council Bill No. 767) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - POTEE STREET 

FOR the purpose of authorizing the Mayor and City Council of 

Council of Baltimore to sell either at public or private sale 
all of the interest of the Mayor and City Council of 
Baltimore in and to that parcel of land extending on the 
southwest side of Potee Street from Bristol Avenue, said 
parcel of land being no longer needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ^^ 

BALTIMORE, That the Comptroller of Baltimore City be and he is C^ C 

hereby authorized to sell, either at public or private sale, in ^ c 

accordance with Article V, Section 5(b) of the City Charter (1964 - ' 

Revision, as amended) , all of the interest of the Mayor and City 
Council of Baltimore in and to that parcel of land located on the 
southwest side of Potee Street from Bristol Avenue, being 
described as follows: 

Beginning for the same on the southwest side of Potee Street, c 

as now laid out 70 feet wide, distant 35.92 feet measured along gi^ r 

the southwest side of said Potee Street from the southwest side 
of Bristol Avenue, 40 feet wide, said point of beginning also 

being the point formed by the intersection of the second line of ' 

the parcel of land conveyed by Hortense L. Federleicht and ^ 

Husband, to the Mayor and City Council of Baltimore by deed dated 
February 3, 1941 and recorded among the Land Records of Baltimore 
City in Liber M.L.P. No. 6137, Folio 203 and the southwest side f 

of said Potee Street and running thence binding on the southwest ^. 

side of Potee Street the two following courses and distances; z,^ - 

namely, by a line curving to the left with the radius of 511.68 ^' - 

feet the distance of 17.21 feet which arc is subtended by a chord ' 

bearing South 25°-33 • -40 . 5" East 17.21 feet and South 26°-31'30" 

East 59.35 feet to intersect the northeast side of a 15 foot ^ 

alley laid out 77.5 feet southwesterly from the southwest side of ^ 

said Bristol Avenue; thence binding in part reversely on part of ^ 

the third line of the parcel of land conveyed by Mary C. Morgan 

to the Mayor and City Council of Baltimore by deed dated January '^ 

14, 1941 and recorded among the said Land Records in Liber M.L.P. 

89 



Ord. No. 458 



No. 6121, Folio 581 to the beginning thereof, in part reversely 
on the third line of the deed mentioned firstly herein, and in 
all on the northeast side of said 15 foot alley, as now surveyed. 
North 68°-42'-20" West 56.52 feet to the end of the second line 
of said deed mentioned firstly herein and thence binding 
reversely on part of the second line of the said deed mentioned 
firstly herein, North 21°-16'-20" East 51.62 feet to the place of 
beginning. 

Containing 1451.36 square feet or 0.0333 acre of land, more 
or less. J 

Said property being no longer needed for public use. ' 

All courses and distances in the above description are 
referred to the True Meridian as adopted by the Baltimore Survey 
Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved February 27, 1990 

KURT L. SCHMOKE, Mayor 



\ 



CITY OF BALTIMORE 

ORDINANCE NO. 4 58 

(Council Bill No. 779) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 2 7 02 KEYWORTH AVENUE 



I 
i 



FOR the purpose of granting permission for the establishment, 
maintenance and operation of housing for the elderly on the 
property known as 2702 Keyworth Avenue, as outlined in red on 
plats accompanying this ordinance. 

BY Authority of 

Article 30-Zoning 

Sections 4.6-ld-5 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 



90 



Ord. No. 459 

SEC. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of housing for the 
elderly on the property known as 2702 Keyworth Avenue, as 
outlined in red on the plats accompanying this ordinance, under 
the provisions of Sections 4.6-ld-5 and 11.0-6d of Article 30 of 
the Baltimore City Code (1983 Replacement Volume, as amended) 
title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its ^' 

enactment. t-J ». 

Approved February 27, 1990 ^ -- ' 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE I 

ORDINANCE NO. 4 59 t 

(Council Bill No. 780) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 2701-2707 KEYWORTH AVENUE 

AND 2 7 07 ACME AVENUE [. 

FOR the purpose of granting permission for the establishment, (/^ 

maintenance and operation of an open off-street parking area r ' 
on the properties known as 2701-2707 Keyworth Avenue and 2707 

Acme Avenue , as outlined in red on the plats accompanying ;- 

this ordinance. P' 



91 



Ord. No. 460 



BY authority of 

Article 30 - Zoning 

Section(s) 4.6-ld-3 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street 
parking area on the properties known as 2701-2707 Keyworth Avenue 
and 2707 Acme Avenu e, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Section(s) 
4.6-ld-3 and 11.0-6d of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 



I 



Approved February 27, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 60 

(Council Bill No. 784) 

AN ORDINANCE concerning 

RELEASE OF RIGHT OF WAY - A PORTION OF A RIGHT OF WAY 
HERETOFORE GRANTED TO THE MAYOR AND CITY COUNCIL OF BALTIMORE 
THROUGH THE PROPERTY OF THE CANTON COMPANY OF BALTIMORE, THE USE 
OF SAID RIGHT OF WAY IS NO LONGER NEEDED FOR PUBLIC PURPOSES. 

FOR the purpose of authorizing the release and surrender by the 
Mayor and City Council of Baltimore of all of its interests 
in and to a portion of a right of way heretofore granted to 

92 



Ord. No. 460 

the City of Baltimore through the property of the Canton 
Company of Baltimore. The location and course of said right 
of way being described in that Deed dated as of December 13, 
1913 from the Canton Company of Baltimore, recorded among the 
Land Records of Baltimore City at Liber S.C.L. No. 2866, 
folio 410. 

BY the authority of 

Article 25 - Sections 1-25 

Baltimore City Code (1983 Replacement Volume as amended) 

Article II - Section 31 

Article V - Section 5(b) 

Article VII - Sections 29-44, 129 

Baltimore City Charter (1964 Revision, as amended). 

WHEREAS, By that Deed dated as of December 13, 1913 from the 
Canton Company of Baltimore and recorded among the Land Records 
of Baltimore City at Liber S.C.L. No. 2866, folio 410, the Canton 
Company of Baltimore granted to the Mayor and City Council of 
Baltimore the right of way for the construction and perpetual 

maintenance of a thirty (30) inch storm water drain or sewer from C 

the south side of Boston Street to the Harbor in the right of way U 

more particularly described in said Deed; and -. 7 

WHEREAS, The portion of said right of way hereinafter ^' c 

described and the public utility which had previously been ^- ' 
constructed therein will no longer be needed for public use upon "' T 

the construction of a substitute public utility in another right «sl ^ 

of way, which right of way will be granted to the Mayor and City ^ I- 

Council of Baltimore in accordance with that certain Developer's Q- *' 
Agreement by and between the Mayor and City Council of Baltimore 

and Anchorage Plaza Limited Partnership dated as of September 20, - . 

1989; therefore, <:I ^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore is hereby authorized 
on behalf of the Mayor and City Council of Baltimore to execute ^ 

and deliver unto the owner or owners of land within which the 
right of way hereinafter described is located, a 

release and surrender of all of the interest of the City of ' 

Baltimore in and to the portion of the right of way described as ^« 

follows: f^ " 

r ' - 
Beginning at a point on the southerly building line of Boston 

Street said point being distant measured easterly along said _^ 

building line twelve and seven-tenths feet (12.7') more or ^^ 

less from the intersection of said southerly building line ^ 

and the westerly building line of Leakin Street if produced 
southerly, thence easterly along said southerly building line 

five feet (5.0') to a point thence southerly parallel with *" 

said westerly building line produced two hundred eleven and 

93 



Ord. No. 461 



seven-tenths feet (211.7') more or less to a point on the 
existing bulkhead, thence westerly along said bulkhead five 
feet (6.0') to a point thence northerly parallel with said 
westerly building line produced two hundred eleven and seven- 
tenths feet (211.7') more or less to the place of beginning. ■ 
Being in all two hundred forty-three ten-thousandths of an 
acre (0.0243). Together with the right to use during the 
period of construction of said drain or sewer such additional 
land of the Canton Company of Baltimore parallel or 
contiguous to the strip of land hereinabove described as may 
be required for all purposes reasonably necessary in the 
construction of said drain or sewer by the Mayor and City 
Council of Baltimore, its agents, servants or contractors. 

The right of way described hereinabove will no longer be 
needed for public purposes upon the completion of the substitute 
public utility and the granting of the substitute right of way in 
accordance with said Developer's Agreement. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed, release or 
other instrument releasing the interest of the City of Baltimore 
in and to the above-described right of way shall be delivered 
until the substitute public utility has been completed and 
accepted by the Director of the Department of Public Works in 
accordance with said Developer's Agreement and until such deed, 
release or other instrument shall have first been approved by the 
City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the deed, release or 
other instrument releasing the interest of the City of Baltimore 
in and to the above-described right of way shall be delivered to 
the owner or owners of the land in which said right of way is 
located simultaneously with the delivery to the City of Baltimore 
of the substitute right of way in accordance with said 
Developer's Agreement. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 



Approved February 27, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 4 61 
(Council Bill No. 791) 
AN ORDINANCE concerning 

94 



Ord. No. 461 

CITY PROPERTY SALE - VINEYARD LANE 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell either at public or private sale all the 
interest of the Mayor and City Council of Baltimore in and to 
a certain portion of Vineyard Lane, contiguous to the south 
side thereof extending from Greenmount Avenue westerly 11.67 
feet and a portion of Vineyard Lane, contiguous to the south 
and southeast sides thereof extending from a point 164.34 
feet west of Greenmount Avenue westerly and southwesterly 64 
feet, more or less. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to sell at either public or private sale in 
accordance with Article V, Section 5(b) of the City Charter (1964 

Revision, as amended) , all of the interest of the Mayor and City ^ 

Council of Baltimore in and to a certain portion of Vineyard r\'r* 

Lane, contiguous to the south side thereof extending from C— J U 

Greenmount Avenue westerly 11.67 feet and a portion of Vineyard "2^.^ 

Lane, contiguous to the south and southeast sides thereof C' w^ 

extending from point 164.34 feet west of Greenmount Avenue "; p 

westerly and southwesterly 64 feet, more or less. «r^ iT 

Beginning for Parcel No. 1 at the point formed by the d "^ 

intersection of the west side of Greenmount Avenue, 66 feet wide <' 

and the south side of Vineyard Lane, as now laid out, and running c: - - 

thence binding on the south side of said Vineyard Lane, North 86° *^ ^ 
- 32' 00" West 11.67 feet to intersect the north face of the north \ 

wall of the one story masonry building situate on the property 

known as No. 3010/20 Greenmount Avenue; thence binding along the ^ 

north face of the north wall of the one story masonry building w 
situate on said property. North 87° - 54' - 30" East 11.67 feet i^ 

to the west side of Greenmount Avenue, and thence binding on the v. 

west side of said Greenmount Avenue, South 00° - 21' - 00" West T 

1.13 feet to the place of beginning. ^ -' 



Beginning for Parcel No. 2 at a point on the south side of 
Vineyard Lane, as now laid out distant North 86° - 32' - 00" West 
164.34 feet measured along the south side of said Vineyard Lane 
from the west side of Greenmount Avenue, 66 feet wide, and 
running thence binding on the south side of said Vineyard Lane, 
North 86° - 32' - 00" West 11.58 feet to intersect the southeast 
side of Vineyard Lane, as now laid out; thence binding on the 
southeast side of last said Vineyard Lane, South 40° - 00' - 00" 
West 52.31 feet to intersect the west face of the west wall of 

95 



C/0 



Ord. No. 462 



the one story masonry building situate on the property known as 
No. 3001 Vineyard Lane; thence binding along the west, northwest 
and north faces of the west, northwest and north walls 
respectively of the one story masonry building situate on said 
property the three following courses and distances; namely, North 
00° - 17' - 00" East 1.11 feet. North 40° - 12 ' - 00" East 51.72 
feet and South 86° - 29 • - 00" East 11.82 feet to the 
northeasternmost corner of said building and thence binding along 
the east face of the east wall of the one story masonry building 
situate on said property. South 00° - 17 ' - 00" West 0.53 feet to 
the place of beginning. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 62 

(Council Bill No. 805) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - LIGHT STREET 

FOR the purpose of authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale all of 
the interest of the Mayor and City Council of Baltimore in 
and to a certain parcel of land and improvements located at 
1513-1519 Light Street, Baltimore, Maryland, said parcel of 
land and improvements being no longer needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to sell at either public or private sale in 
accordance with Article V, Section 5(b) of the City Charter (1964 

96 



Ord. No. 463 

Revision, as amended) , all of the interest of the Mayor and City 
Council of Baltimore in and to a certain parcel of land and 
improvements situate in Baltimore, Maryland, and described as 
follows: 

Formerly known as 1513-1519 South Light Street (Block 1007, 
Lot 7 through 10) containing 3,500 square feet of land, more or 
less. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 27, 1990 

KURT L. SCHMOKE, Mayor 

c 

u 

DD 
>-' 



CITY OF BALTIMORE 
ORDINANCE NO. 4 63 
(Council Bill No. 819] 
AN ORDINANCE concerning 



SUPPLEMENTARY MAYOR AND CITY COUNCIL REAL PROPERTY z ' 

ACCOUNT CAPITAL APPROPRIATION - BALTIMORE CITY PUBLIC SCHOOLS t ". 

FOR the purpose of providing a supplementary Mayor and City ' 

Council Real Property Account Capital appropriation in the 
amount of $323,123 to the Baltimore City Public Schools 
(Account No. 9932-418-194) to fund change orders for the 
Garrison Middle School capital project. 

By authority of 

Article VI - Board of Estimates ^. - 

Section 2(h) (1) (J^^ " 



Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced from the sale of Baltimore City Public Schools' 
properties in excess of the amount from these sources estimated 
and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1990 fiscal year, and 
said money is therefore available for appropriation to the 
Baltimore City Public Schools pursuant to the provisions of 

97 



r 



Ord. No. 464 



Article VI, Section 2(h)(1) of the Baltimore City Charter (1964 
Revision, as amended) ; and 

WHEREAS, The additional sum here appropriated is made 
available for expenditure by the municipal agency responsible for 
the production of such revenues in accordance with Article VI, 
Section 2(h)(1) of said Charter; and 

WHEREAS, This supplementary Mayor and City Council Real 
Property Account Capital appropriation has been recommended to 
the City Council by the Board of Estimates at a regular meeting 
of the Board held on the 29th day of November, 1989, all in 
accordance with Article VI, Section 2(h)(1) of the Baltimore City 
Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $323,123 shall be made available to the Baltimore City 
Public Schools (Account No. 9932-418-194) as a supplementary 
Mayor and City Council Real Property Account Capital 
appropriation for the fiscal year ending June 30, 1990 to fund 
change orders for the Garrison Middle School capital project. 
The amount thus made available as a supplementary Mayor and City 
Council Real Property Account Capital Appropriation shall be 
expended from revenue produced from the sale of Baltimore City 
Public Schools' properties in excess of the amount from these 
sources which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1990 fiscal year; and said funds from said revenue 
produced from the sale of Baltimore City Public Schools' 
properties shall be the source of revenue for this supplementary 
Mayor and City Council Real Property Account Capital 
appropriation as required by Article VI, Section 2(h)(1) of the 
Baltimore City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved February 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 4 64 
(Council Bill No. 821) 
AN ORDINANCE concerning 

98 



Ord. No. 464 

FRANCHISE - RAILROAD TRACKS AND SWITCHES 
ON EASTBOURNE AVENUE 

FOR the purpose of granting permission and authority to Canton 
Railroad Company to maintain and operate railroad tracks and 
switches in the bed of Eastbourne Avenue between Rappolla 
Street (formerly 18th Street) and Savage Street (formerly 
19th Street) , and to repeal Ordinance No. 213 approved July 
15, 1968. 

BY authority 

Article VIII - Franchises 

Charter of Baltimore City (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission and authority be and the same are 
hereby granted to Canton Railroad Company, its successors and 
assigns (hereinafter collectively referred to as "Grantee") to 
maintain and operate at its own cost and expense, for a period 
not to exceed 25 years, railroad track (s) and switches located as 
described herein. 

Being &^he 60 linear feet of track, and three (3) switches 
located in the bed of Eastbourne Avenue between the centerline of 
Rappolla Street (formerly 18th Street) and the centerline of 
Savage Street (formerly 19th Street) in the First Councilmanic 
District of the City of Baltimore. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Grantee shall r-^' 

pay to the City of Baltimore, as compensation for the license Dt 
hereby granted, the sum of $270 per year, payable in advance 

during the continuance of this license, or any renewal thereof; t 

and subject to the increase or decrease of this charge as tf^ 
provided in Section 3 hereof. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the Mayor and City 
Council of Baltimore (hereinafter referred to as "City") hereby ^^ 

expressly reserves the right and power, at all times/ to 
exercise, in the interest of the public, full municipal 

superintendence, regulation and control in respect to all matters [_ 

connected with this grant, and not inconsistent with the terms U— 

thereof. This license herein granted shall be held, exercised (j^ 

and enjoyed for a period of one year from the effective date of r - 

this ordinance, with the further right to the Grantee to 24 
consecutive one-year renewals of the license, each such renewal 

to be for a period of one year upon the same terms and conditions ^ 

as the original one-year grant, except as otherwise provided ^ 

herein. Each one-year renewal period shall take effect 
immediately upon the expiration of the original or renewal term 

then in force, without any action being taken on behalf of either ' 

the City or the Grantee, but the total time during which the 

99 



Ord. No. 464 



license shall operate, including the original term and all 
renewals thereof, shall not exceed, in the aggregate, 25 years 
except as otherwise permitted by the City Charter. Provided that 
the City, acting by and through the Board of Estimates, may 
increase or decrease the license charge payable by the Grantee 
under the provisions hereof, by giving written notice to that 
effect to the Grantee at least 180 days prior to the expiration 
of the original one-year term granted herein, or any yearly 
renewal term herein granted which becomes effective after any 
increase or decrease in said license charge has occurred. 
Provided further, that the City, acting by and through the 
Director of Public Works and to accommodate a public improvement 
or for other public purpose, or the Grantee may terminate the 
license granted herein by giving written notice to that effect to 
the other at least 180 days prior to the expiration of the 
original one-year term granted herein or any one-year renewal 
term herein granted and then in effect; provided, however, that 
except for situations involving emergencies, this Ordinance may 
not be so terminated, without the consent of the Grantee, where 
such termination would place the Grantee, through no fault of its 
own, in violation of a contract statute or rule of regulation to 
which it is subject. 

SEC. 4. AND BE IT FURTHER ORDAINED, That material 
noncompliance by said Grantee at any time or times, with any of 
the terms or conditions of the grant hereby made shall, at the 
option of the City, operate as a forfeiture of said grant, and 
the City, acting by and through the Director of Public Works, may 
terminate the license granted herein where said Grantee is in 
material breach of its duties and obligations hereunder and said 
Grantee fails to commence to cure such breach or non-compliance 
as soon as practicable but in no event longer than 30 days of 
receipt by said Grantee from the City of written notice to cure 
such breach. In the event of a failure by Grantee to (1) cure 
any such breach or non-compliance, or (2) to have commenced a 
reasonably diligent effort to cure such breach or non-compliance 
within such 30 day period nothing, other than an ordinance of the 
City, shall operate as a waiver of any termination of forfeiture 
of the grant hereby made. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the said Grantee 
shall, at its own expense in operating and maintaining, from time 
to time, its said switches and railroad track (s) on said streets 
and alleys, adjust its said tracks to the grades of said streets 
and alleys as the same are now or may hereafter be established by 
law, and shall, at its own expense, keep the said tracks and the 
spaces between the rails of said tracks and for two feet on 
either side thereof in thorough repair, and shall, at its own 
expense, keep the same free from snow or other obstruction, but 
without obstructing the other portions of said streets and alleys 
on either side of said tracks, and shall pay to the City, if and 

100 



Ord. No. 4 64 



so often as said streets and alleys, or any of them, shall be 
paved or repaved by agents duly authorized by law, the cost of 
paving or repaving the spaces between the rails of said tracks 
and for two feet on either side thereof, of whatever materials 
the same may be constructed. "Thorough repair" as d e fined h e r e in 
s hall mean repair of th e tracks and s witche s in accordanc e with 
s tandards impo se d upon the Grantee by the Int e r s tat e Commerce 
Commission — ( "ICC" ) — or the Maryland Department of Tran s portation 
("MOOT") . 

SEC. 6. AND BE IT FURTHER ORDAINED, That the tracks and 
switches hereby authorized shall be maintained and operated under 
the supervision and to the reasonable satisfaction of the 
Director of Public Works and the Commissioner of the Department 
of Transportation, and that the rails to be used therein, shall 
be of such character, size and weight as the said Director of 
Public Works and Commissioner of the Department of Transportation 
shall determine; provided, however, that such determination shall 
be made by the application by said Director and/or Commissioner 
of the standards for the character, size and weight of such rail 
as may be imposed by the ICC and/or the MDOT. The Grantee, 
hereunder, its successors or assigns, shall, from time to time, 
at its or their own expense, change the location of the tracks 
and switches hereby authorized, or any of them, whenever in the 
judgment of said Director of Public Works and Commissioner of the 
Department of Transportation the public interest, convenience, 
safety and/or welfare may reasonably so require. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the Mayor of 
Baltimore City shall have the right to revoke without prior 
notice, at any time or times, the rights and privileges hereby 
granted when, in the Mayor's judgment, a public emergency 
requires such revocation, and upon written notice to that effect 
from the Mayor of Baltimore served upon the Grantee hereunder, 
all such rights shall cease and terminate. 

SEC. 8. AND BE IT FURTHER ORDAINED, That said Grantee shall 
be liable for and shall indemnify and save harmless the City, 
except for gross negligence of the City or any of its agents, 
employees, servants or officials, against any and all suits, 
losses, costs, claims, damages, or expenses to which the City may 
from time to time be subjected on account of, by reason of, or as 
a result of: 

A) the presence, use, operation, maintenance, repair, 
relocation or removal of the switches and tracks for which the 
franchise is herein granted; and 

B) any failure on the part of said Grantee to perform 
promptly and properly, any of the duties or obligations imposed 
upon it by the terms and provisions of this ordinance. 

101 



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Ord. No. 464 



SEC. 9. AND BE IT FURTHER ORDAINED, That upon the termination 
of the franchise herein granted: (a) by any action taken by 
either the City or the Grantee; (b) by removal by the Grantee of 
the tracks and switches herein authorized; (c) by forfeiture of 
any or all of the rights herein granted; (d) by abandonment of 
the use of any or all of the switches and tracks herein 
authorized by the Grantee, the said Grantee, shall promptly 
remove the switches and tracks and appurtenances so affected, at 
its sole and entire expense, when ordered to do so by the said 
Director of Public Works and/or Commissioner of the Department of 
Transportation. Upon any and all such removals of switches and 
tracks, the Grantee shall promptly pave or repave, at is entire 
expense, the street bed, curbs and sidewalks of all streets and 
alleys disturbed by such removal of switches and tracks, the said 
paving or repaving to be done with such materials and in such 
manner as may be designated by the Director of Public Works 
and/or Commissioner of the Department of Transportation, in each 
instance. 

SEC. 10. AND BE IT FURTHER ORDAINED, That should the said 
Grantee fail, neglect, or refuse to perform within a reasonable 
time any of the work herein to be done, from time to time, then 
and in any and all such instances the said City is hereby 
authorized to proceed to do said work and collect all costs and 
expenses thereof from said Grantee. 

SEC. 11. AND BE IT FURTHER ORDAINED, That if at any time or 
times hereafter in the performance of any public work (whether 
said public work is governmental or proprietary in function, 
whether said public work be performed and/or financed either in 
whole or in part by the City, State and/or the Federal 
government, or any of their agencies, and including, but not 
limited to, highway or expressway construction or relocation, 
urban renewal and public works, and housing projects or any 
nature) the said Director of Public Works and/or Commissioner of 
the Department of Transportation shall in his judgment determine 
that the public interest, convenience, safety, and/or welfare 
require the adjusting, altering, shifting, moving, relocating, 
supporting, protecting and/or accommodating of any or all of said 
switches and tracks, the said Grantee shall, in any and all such 
cases, promptly upon written notice from the said Director of 
Public Works and/or Commissioner of the Department of 
Transportation, without compensation and at the entire cost and 
expense of the said Grantee, adjust, alter, shift, move, 
relocate, support, protect and/or accommodate its said tracks, in 
whole or in part and temporarily or permanently, so as to fully 
meet the exigencies occasioning such notice. 

SEC. 12. AND BE IT FURTHER ORDAINED, That the rights by this 
ordinance granted to continue to maintain and operate the said 
switches and tracks on Eastbourne Avenue shall be revocable by 

102 



Ord. No. 465 

the Board of Estimates of Baltimore City whenever in its judgment 
the public interest, welfare and/or convenience may so require, 
and within six months after written notice of such revocation 
from the Director of Public Works and/or Commissioner of the 
Department of Transportation, the said Grantee shall, at its own 
expense and without compensation to it, remove the said switches 
and track on Eastbourne Avenue, and all the other provisions of 
this ordinance in any way relating to removal of tracks shall 
apply to such removal upon notice of revocation. 

SEC. 13. AND BE IT FURTHER ORDAINED, That Ordinance No. 213, 
approved July 15, 1968, be and the same is hereby repealed; 
provided, however, that no claims, damages, charges and/or 
liabilities which have arisen, accrued, or become due under said 
Ordinance No. 213, approved July 15, 1968, at any time or times 
prior to the effective date of this ordinance, shall be in any 
way affected by the enactment of this ordinance. 

SEC. 14. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved February 27, 1990 " 

KURT L. SCHMOKE, Mayor ^ 

dd 

CITY OF BALTIMORE 2 f 

ORDINANCE NO. 4 65 ^^ 

(Council Bill No. 822) q- ^ 

AN ORDINANCE concerning ^- v 

ZONING - PLANNED UNIT DEVELOPMENT - '^ ^ 

BOYLE STREET AND EAST FORT AVE *- 

V. 

FOR the purpose of approving the application of Fort McHenry, C 

Inc., Contract Purchaser of certain property located in 
Baltimore City, lying southeast of the intersection of Boyle 
Street and East Fort Avenue, consisting of 10.30 acres, more 
or less, to have said property designated an Industrial 
Planned Unit Development in accordance with Sections 12.0-1, 
12.0-4 and 12.0-5 of Article 30 of the Baltimore City Code C/; ^ 

(1983 Replacement Volume, as amended) and to approve the Q' "■ 

Development Plan submitted by Fort McHenry, Inc. '^^ 

>^ 

WHEREAS, It is the intention of Fort McHenry, Inc. to develop ^ 

the property as a neighborhood shopping center; and ^T ^ 

WHEREAS, On November 1, 1989, Fort McHenry, Inc. met with the ^— ' 

Department of Planning of Baltimore City to hold a pre-petition 

103 



^- 



Ord. No. 465 



conference to explain the scope and nature of existing and 
proposed development on the subject property in order to 
institute proceedings to have said property designated an 
Industrial Planned Unit Development; and 

WHEREAS, Fort McHenry, Inc. hereby makes formal application 
to the City Council of Baltimore City and together herewith has 
submitted the requisite Development Plan, dated NovGrnbor 0, — 1000 
January 4. 1990, consisting of the following drawings: Cover 
sheet; S-IA. Site plan; S-1. Landscape Plan; Existing Site Plan; 
A - Shopping Building A; B - Shopping Building B; C - Shopping 
Building C; D - Food Store; E - Fast Food; F - Bank; G - Bovle 
Street Elevation; H - Fort Avenue Elevation; J - Typical Store 
Elevation; S - Awning - Canopy Detail; X -Fence Elevation; 
Construction Schedule, intended to satisfy the requirements 
specified in Sections 12.0-1, 12.0-4 and 12.0-5 of Article 30 of 
the Baltimore City Code (1983 Replacement Volume, as amended); 
and 

WHEREAS, Fort McHenry, Inc., in requesting the introduction 
of this bill, signifies its intention to maintain the development 
of the property in accordance with the Development Plan; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the application of Fort McHenry, Inc. to 
designate the property southeast of the intersection of Boyle 
Street and East Fort Avenue, consisting of 10.30 acres, more or 
less, as outlined in the Development Plan accompanying this 
ordinance, an Industrial Planned Unit Development pursuant to 
Article 30, Sections 12.0-1, 12.0-4, and 12.0-5 of the Baltimore 
City Code (1983 Replacement Volume, as amended) be and it is 
hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Development Plan 
(as scheduled in the recital paragraph of this Ordinance) 
submitted by Fort McHenry, Inc. attached hereto and made a part 
hereof, be and it is hereby approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in accordance with 
the provisions of Sections 12.0-4 (a) and 12. 0-5 (a), the following 
uses are permitted within the Industrial Planned Unit 
Development: 

All uses which are now or may in the future be permitted as 
of right or conditionally in the B-2 zoning district in 
accordance with Section 6.2-1 of Article 30 of the Baltimore City 
Code, except arcades, taverns and liquor storesTj. and in addition 
the following uses are permitted : automobile accessory store, 
including repair and installation, subject to site plan approval 
by the Planning Commission; drive-in restaurant (including pick 

104 



Ord. No. 465 

up drives with window service) ; tire and battery retailer; retail 
bake shop with on-premises baking; computer center including 
retail sales and service; artisans and craft work, with no more 
than five (5) employees on premises at one time; automobile glass 
and mirror including installation, subject to site plan approval 
by the Planning Commission; machinery sales and rental - 
household, business, office; photographic printing and 
developing; commercial schools; telephone stores; maritime 
supplies with no outdoor storage; motor vehicle rental office, 
provided that on-site vehicle storage be subject to Planning 
Commission approval; plumbing, electrical, heating showroom with 
no outdoor storage; combination laundry and dry cleaning 
establishment with not more than four employees on the premises 
in addition to one owner or manager, provided that additional 
employees may be permitted subject to Planning Commission 
approval ; parcel collection and delivery stores; furniture an d 
appliance rental establishments . 

SEC. 4. AND BE IT FURTHER ORDAINED, That upon passage of this 
Ordinance by the City Council, as evidence of the authenticity of 

the Development Plan which is a part hereof and in order to give // 

notice to the departments which are administering the Zoning r 

Ordinance, the President of the City Council shall sign the ^ 

Development Plan, and when the Mayor approves the Ordinance, he OD 

shall sign the Development Plan. The City Treasurer shall then ^^^ ^ 

submit a copy of the Ordinance and the Development Plan to the ^^ m, 

Board of Municipal and Zoning Appeals, the Planning Commission ^^ 

and the Zoning Administrator. ^-^ C- 

>- 

SEC. 5. AND BE IT FURTHER ORDAINED, That this Ordinance lo 

pQoacd on the condition that Fort McHcnry, — Inc. , — its aucccssora 

and a ss ign s , — s hall — implement, — ex e cute, — s ub s tantially complete and 

maintain the dev e lopment of the prop e rty in accordance within th e 

DGvclopmont Plan, subsequent to the passage of this Ordinance by 

the City Council, all plans for construction of improvements upon 

the property shall be reviewed and approved by the Planning i-^ ^ 

Commission to insure that such plans are consistent with the (^ 

Development Plan and this Ordinance. 






u 



SEC. 6. AND BE IT FURTHER ORDAINED, That subsequent to the 
passage of this ordinance by the City Council, all changes in the 
approved development plan for the development of the property 

shall be reviewed and approved by the Planning Commission for ^ 

insurance of such changes consistent with this ordinance. D- '' 

SEC. 7. AND BE IT FURTHER ORDAINED. That, for a period of ^ ^ 

five years beginning on the date of opening of the proposed ^r*. 

shopping center, no less than 20.000 square feet of leasable ^ ^ 

space in the center shall be limited to any combination of the p— ^ 

following categories of uses; banks and building and loan . ^^ 

associations; barber shops; battery and tire sales and service; 

105 



Ord. No. 466 



beauty shops; check cashing agencies; dry cleaning 
establishments; furniture and appliance rental establishments; 
launderette; medical and dental clinics; offices - business, 
governmental and professional fincluding. without limitation, 
insurance sales establishments, real estate sales establishments , 
tax and bookkeeping establishments, legal clinics); optician 
sales; parcel collection and delivery stations; photocopying 
service; photographer; photographic printing and developing; 
physical culture and health services - gymnasiums, reducing 
salons and public baths; post offices; travel bureaus; video 
movie stores, sales and rentals. Provided that, prior to the 
expiration of the aforesaid five year period, the Planning 
Commission shall review the circumstances of the shopping center ' 
(including the vacancy rate therein) and determ.ine whether the 
aforesaid limitation should be continued for an additional five 
year period. 

SEC. =f- 8. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 



Approved February 27, 1990 



KURT L. SCHMOKE, Mayo| 



CITY OF BALTIMORE 

ORDINANCE NO. 4 66 

(Council Bill No. 875) 

AN ORDINANCE concerning 

RETIREMENT SYSTEMS - DIVESTITURE PROVISIONS 

FOR the purpose of deleting Namibia as a prohibited country for 
investment by the Board of Trustees. 

BY repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Employees' Retirement System 
Section 7(a) (13) (i) 
Baltimore City Code (1983 Replacement Volume, as amended) 

Article 22 - Retirement Systems 

Subtitle - Elected Officials' Retirement System 

Section 23 fb ) 

Baltimore City Code (1983 Replacement Volume, as amended) 



i| 



Article 22 - Retirement Systems 
Subtitle - Fire and Police Employees 



106 



Ord. No. 466 

Section 35(a) (13) (i) 

Baltimore City Code (1983 Replacement Volume, as amended) 

By repealing 

Article 22 - Retirement Systems 
Subtitle - Employees' Retirement System 
• Section 7 (a) (13) (iii) 

Baltimore City Code (1983 Replacement Volume, as amended) 

Article 22 - Retirement Systems 

Subtitle - Fire and Police Employees 

Section 35(a) (13) (iii) 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

■ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

7. Management of funds. r 

(a) Trustee of funds. < 

c 
(13) (i) On the first day of the third quarter of fiscal ^ 

year 1987, no monies or funds held under any provision of the ^ 

retirement system shall remain invested or hereinafter be 
invested in the stocks, securities or other obligations of any 
bank or financial institution which makes loans to the Republic 
of South Africa [or Namibia], or to a national corporation of the 
Republic of South Africa [or Namibia], or in the stocks, 
securities, or other obligations of any company doing business in 
or with the Republic of South Africa [or Namibia], or whose 
subsidiary or affiliate does business in or with the Republic of 
South Africa [or Namibia]. 

[(iii) Business entities doing business in or with the 
Republic of Namibia shall be identified through correspondence 
with the United Nations' Office of the Commissioner for Namibia 
and the United Nations' Center for Transnational Corporations.] 

Elected Officials' Retirement System 

23. Management of funds. 

fb) The provisions of Section 7(a) (13) of this Article 22, 
concerning the divestment of funds in firms doing business in or 

107 



Ord. No. 467 



with South Africa [or Namibia], shall apply to the several funds 
of the Elected Officials' Retirement System of Baltimore. 

Fire and Police Employees 

35. Management of funds. 

(a) Trustee of funds. 

(13) (i) On the first day of the third quarter of fiscal 
year 1987, no monies or funds held under any provision of the 
retirement system shall remain invested or hereinafter be 
invested in the stocks, securities or other obligations of any 
bank or financial institution which makes loans to the Republic 
of South Africa [or Namibia], or to a national corporation of the 
Republic of South Africa [or Namibia], or in the stocks, 
securities, or other obligations of any company doing business in 
or with the Republic of South Africa [or Namibia], or whose 
subsidiary or affiliate does business in or with the Republic of 
South Africa [or Namibia]. 

[(iii) Business entities doing business in or with the 
Republic of Namibia shall be identified through correspondence 
with the United Nations' Office of the Commissioner for Namibia 
and the United Nations' Center for Transnational Corporations.] 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 



Approved February 27, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 67 

(Council Bill No. 675) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 172, approved 
October 26, 1976, which provided for reserved handicap 
parking on the west side of Castle Street south of McElderry 
Street for Dr. Dhirendra Kumar. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 172, approved October 26, 1976, is 



108 



Ord. No. 468 



hereby repealed and the authorization for reserved handicap 
parking on the west side of Castle Street south of McElderry, is 
hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 16, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 68 

(Council Bill No. 736) 

AN ORDINANCE concerning 

REZONING - 1181 E. Lombard Street 

FOR the purpose of changing the zoning for the rear portion of 
the property known as 1181 E. Lombard, from the B-2-3 Zoning 
District to the M-2-2 Zoning District, as outlined in red on 
the plat accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 56 
Article 30 - Zoning 
Baltimore City Code (198 3 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 56 of the Zoning District Maps of 
Article 30-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by 
changing from the B-2-3 Zoning District to the M-2-2 Zoning 
District, the rear portion of the property known as 1181 E. 
Lombard Street, as outlined in red on the plat accompanying this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 



109 



Ord. No. 469 



I 



Development, the Supervisor of -Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved March 16, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 69 

(Council Bill No. 889) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 934, approved May 1, 
1987, which provided for reserved handicap parking on the 
south side of 20th Street east of Wolfe Street for James 
Williams . 

SECTION 1. BE IT ORDIANED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 934, approved May 1, 1987, is 
hereby repealed and the authorization for reserved handicap 
parking on the south side of 20th Street east of Wolfe Street, is 
hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved March 16, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 4 70 
(Council Bill No. 891) 
AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 



110 



Ord. No. 471 



FOR the purpose of repealing Ordinance No. 9, approved February 
22, 1988, which provided for reserved handicap parking on the 
east side of Highland Avenue for Joseph Strucko. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 9, approved February 22, 1988, is 
hereby repealed and the authorization for reserved handicap 
parking on the east side of Highland Avenue north of Mueller 
Street, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 



Approved March 16, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 471 



(Council Bill No. 803) ^ 

AN ORDINANCE concerning Q ^ 



<c 



ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT IN THE PARKING LOT DISTRICT - 

208-216 N. CALVERT STREET .-J C 

FOR the purpose of granting permission for the establishment, /y ^ 

maintenance and operation of an open off-street parking area ^ 

on the properties known as 208-216 N. Calvert Street, as ^^ 

outlined in red on the plats accompanying this ordinance^. gj> *s 
subject to certain conditions, and providing for the ^ 

termination of this ordinance . , ^ 

^^ 

BY authority of CJ) 

Article 30 - Zoning 
Section{s) 9.0-3d and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as amended) 



^'- 






SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of an open off-street 
parking area on the properties known as 208-216 N. Calvert UJ ^• 

Street, as outlined in red on the plats accompanying this ^ 

ordinance, under the provisions of Section (s) 9.0-3d and 11.0-6d i-^ 

of Article 30 of the Baltimore City Code (1983 Replacement ZK 

Volume, as amended), title "Zoning". ^-^ ^ 



111 



Ord. No. 472 



SEC. 2. AND BE IT FUKTHER ORDAINED. That this permission is 
granted subject to the following conditions: 

a. That a 4 foot decorative fence is to extend along N. 
Calvert Street and wrap around to meet the existing wall along E. 
Clay Street and Park Lane; 

b. That the fence will be located 4 feet back from the 
property line along N. Calvert Street; and 

c. That appropriate landscaping will be provided in 
front of the fence including euonymus shrubs and service berry 
trees . 

SEC. £ 3. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 9 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. It shall remain effective for a period of 3 years 
and, at the end of that time, and with no further action required 
by the City Council, this Ordinance shall be abrogated and of no 
further force and effect. 



Approved March 20, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 472 

(Council Bill No. 806) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE - 
NEWGATE AVENUE AND HAVEN STREET 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell, either at public or private sale, all of 
the interest of the Mayor and City Council of Baltimore in 

112 



Ord. No. 472 

and to a certain parcel of land no longer needed for highway 
or other public use and known as Newgate Avenue and Haven 
Street. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller be and he is hereby authorized to 
sell, either at public or private sale, in accordance with 
Article V, Section 5(b) of the City Charter (1964 Revision, as 
amended) , all of the interest of the Mayor and City Council of 
Baltimore in and to Newgate Avenue and Haven Street, in the City 
of Baltimore, and described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the line of the east outline of the Tenth Street 
Dock, if projected northerly, and the north side of Newgate 
Avenue, 56 feet wide, said point of beginning being distant 996 
feet, more or less, westerly, measured along the north side of 

said Newgate Avenue from the west side of Newkirk Street, 60 feet ^ 

wide, and running thence binding reversely on said line so OD 

projected. Southerly 56 feet, more or less, to intersect the 7^ ^ 

south side of said Newgate Avenue; thence binding on the south ^^ 

side of said Newgate Avenue, South 87*-10'-30" West 1,281 feet, ^^ 

more or less, to the westernmost extremity of said Newgate — i C 

Avenue; thence binding on the westernmost extremity of said S-- " 

Newgate Avenue, North 02*'-49'-30" West 56.00 feet to the north *Cr* " 

side of said Newgate Avenue and thence binding on the north side ^" 

of said Newgate Avenue, North BT^-IO'-SO" East 1,281 feet, more *-• - v. 

or less, to the place of beginning. ^^ 7 

Beginning for Parcel No. 2 at the point fonned by the ' 

intersection of the north side of Newgate Avenue, 56 feet wide, L - 

and the west side of Haven Street, 51 feet wide, and running (^ 

thence binding in part on the west side of said Haven Street, in 
part on the west side of Haven Street, 35 feet wide, and in all, ^ 

North 03 •'-00 '-20" West 543.05 feet; thence continuing to bind on 
the west side of Haven Street, 3 5 feet wide, the two following 
courses and distances; namely, by a line curving to the left with 
a radius of 2850.79 feet the distance of 102.80 feet which arc is 
subtended by a chord bearing North 04*»-02'-19" West 102.80 feet - C^ 

and North 05«»-04'-18" West 56.75 feet; thence binding on the '^ ^ 

south side of Haven Street, varying in width from 35 feet to 42 ^ *^ 

feet. South 84*-55'-42" West 7.00 feet; thence binding on the ^ 

west, northwest, and southwest sides of Haven Street, 42 feet 
wide, the seven following courses and distances; namely. North 
05«'-04'-18" West 53.78 feet, by a line curving to the right with 
a radius of 321.00 feet the distance of 126.19 feet which arc is 

113 



C/O- 



«i- 



Ord. No. 472 



i 



subtended by a chord bearing North 06«'-ll'-25" East 125.38 feet, 
North 17«>-27'-09" East 140.79 feet, by a line curving to the left 
with a radius of 383.12 feet the distance of 85.47 feet which arc 
is subtended by a chord bearing North ll<'-03 ' -40 . 5" East 85.30 
feet. North 04 "-40 ' -12" East 100.67 feet, by a line curving to 
the left with a radius of 165.62 feet the distance of 69.81 feet 
which arc is subtended by a chord bearing North 07 «>-24 ' -17 . 5" 
West 69.29 feet and North 19*'-28 ' -47" West 73.50 feet to the 
northwest extremity of last said Haven Street; thence binding on 
the northwest extremity of last said Haven Street, North 
700-31 '-13" East 42.00 feet to the northeast side of last said 
Haven Street; thence binding on the northeast, east, and 
southeast sides of last said Haven Street the six following 
courses and distances; namely. South 19°-28'-47" East 73.50 feet, 
by a line curving to the right with a radius of 207.62 feet the 
distance of 87.51 feet which arc is subtended by a chord bearing 
South 07°-24 '-17.5" East 86.86 feet. South 04»-40'-12" West 
100.67 feet, by a line curving to the right with a radius of 
425.12 feet the distance of 94.84 feet which arc is subtended by 
a chord bearing South ll°-03 ' -40 . 5" West 94.65 feet. South 
17o_27«_o9" West 140.79 feet and by a line curving to the left 
with a radius of 279.00 feet the distance of 109.68 feet which 
arc is subtended by a chord bearing South 06°-ll'-25" West 108.98 
feet; thence binding in part on the east side of last said Haven 
Street, in part on the east side of Haven Street, 35 feet wide, 
and in all. South 05"'-04'-18" East 110.53 feet; thence binding on 
the east side of Haven Street, 35 feet wide, the two following 
courses and distances; namely, by a line curving to the right 
with a radius of 2885.79 feet the distance of 104.06 feet which 
arc is subtended by a chord bearing South 04 "-02* -19" East 104.06 
feet and South 03«'-00'-20" East 532.93 feet; thence binding on 
the north side of Haven Street, varying in width from 3 5 feet to 
51 feet. North 86°-59'-40" East 16.00 feet; thence binding on the 
east side of Haven Street, 51 feet wide. South 03 '-00 '-20" East 
10.27 feet to intersect the north side of Newgate Avenue, 
mentioned firstly herein and thence binding on the north side of 
Newgate Avenue, mentioned firstly herein. South 87°-10'-30" West 
51.00 feet to the place of beginning. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. k 

Approved March 20, 1990 

KURT L. SCHMOKE, Mayor 



114 



I 



Ord. No. 473 

CITY OF BALTIMORE 

ORDINANCE NO. 473 

(Council Bill No. 808) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE - 
PENN STREET 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell, either at public or private sale, all of 
the interest of the Mayor and City Council of Baltimore in 
'and to a certain parcel of land no longer needed for highway 
or other public use and known as a portion of Penn Street 
contiguous to the east side thereof, in the vicinity of 
Redwood Street. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 






SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller be and he is hereby authorized to 
sell, either at public or private sale, in accordance with 
Article V, Section 5(b) of the City Charter (1964 Revision, as ^ C 

amended) , all of the interest of the Mayor and City Council of ^ "^ 

Baltimore in and to a portion of Penn Street, contiguous to the Q^ •• 

east side thereof, in the vicinity of Redwood Street in the City -" 

of Baltimore, and described as follows; : v 

Beginning for the same at a point on the east side of Penn ' - 

Street, 55 feet wide, distant North 02«-49'-40" West 107.33 feet 

measured along the east side of said Penn Street from the north ^-. 

side of Lombard Street, 66 feet wide, and at a horizontal plane C, 

•having an elevation of 150.00 feet and extending to an elevation 
of unlimited height and running thence by a straight line. South ^ 

87°-l0'-20" West 15.00 feet to intersect a line drawn parallel 
with and distant 15.00 feet westerly measured at right angles 
from the east side of said Penn Street; thence binding on said 
line so drawn, North 02*-49'-40" West 239.09 feet to intersect 
the south side of Redwood Street, 60 feet wide; thence binding on C 

the south side of Redwood Street, North 87°-10'-2 0" East 15.00 U 

feet to intersect the east side of said Penn Street and thence 
binding on the east side of said Penn Street, South 02''-49'-40" 
East 239.09 feet to the place of beginning. 

Said property being no longer needed for public use. 

115 



P: 
oi 



> 



Ord. No. 474 



SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have. been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved March 20, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 474 

(Council Bill No. 896) 

AN ORDINANCE concerning 

ISSUANCE OF REVENUE OBLIGATIONS FOR WASTEWATER PROJECTS 

FOR the purpose of increasing the maximum aggregate principal 

amount of Revenue Obligations authorized to be issued by the 
Mayor and City Council of Baltimore pursuant to Ordinance No. 
867 (Bill No. 1324). of the Mayor and City Council of 
Baltimore (approved and effective January 14, 1983) as 
amended by Ordinance No. 344 (Bill No. 419) of the Mayor and 
City Council of Baltimore (approved and effective April 10, 
1985) , as amended by Ordinance No. 872 (Bill No. 1425) of the 
Mayor and City Council of Baltimore (approved and effective 
February 26, 1987) , as amended by Ordinance No. 150 (Bill No. 
197) of the Mayor and City Council of Baltimore (approved and 
effective July 6, 1988) from not exceeding $54,000,000, to 
not exceeding $75,000,000. 

BY amending paragraph (A) of Section 2 of Ordinance No. 867 (Bill 
No. 1324) of the Mayor and City Council of Baltimore 
(approved and effective on January 14, 1983). 

RECITALS 

Ordinance No. 867 (Bill No. 1324) (the "Ordinance") of the 
Mayor and City Council of Baltimore (the "City"), approved by the 
Mayor of the City and effective January 14, 1983, authorizes the 
issuance from time to time by the City of its Revenue Obligations 
(as defined in the Ordinance) (the "Revenue Obligations") in 
order to finance Wastewater Facilities (as defined in the 
Ordinance) (the "Wastewater Facilities") to be located within the 
geographical limits of the City's wastewater system. 



116 



I 



Ord. No. 474 

Because of certain events that have occurred since the 
passage of the Ordinance which affect the aggregate principal 
amount of Revenue Obligations which may be required to be issued 
by the City in order to finance Wastewater Facilities, including 
(without limitation) an increase in the number of Wastewater 
Facilities which the City may desire to finance with the proceeds 
of the sale of Revenue Obligations, the City wishes to enact this 
supplemental ordinance to increase to $75,000,000 the aggregate 
principal amount of its Revenue Obligations that may be issued 
under the Ordinance. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That paragraph (A) of Section 2 of Ordinance No. 867 
(Bill No. 1324) of the Mayor and City Council of Baltimore, 
approved and effective January 14, 1983, be and hereby is amended 
to read as follows: 

"(A) The issuance, sale and delivery of an aggregate 
principal amount of Revenue Obligations which, when issued, will 
result in receipt by the City (inclusive of Costs of Issuance, as 

defined herein) of not exceeding [$54,000,000 Fifty-four Million {f. 

Dollars] $75,000,000 is hereby authorized for the general public ^ 

purposes of financing the cost of the Financed Facilities and ^ 

repaying the City for amounts expended on Financial Facilities in OC 

anticipation of the issuance of the Revenue Obligations. This Z^ 

maximum amount may consist of (i) Revenue Notes, (ii) Revenue ^< C 

Bonds, (iii) Refunding Revenue Notes, (iv) Refunding Revenue i /T 

Bonds, or (v) any combination of items (i) to (iv) above. Any i— ' U 

Refunding Obligations issued hereunder to refund any Revenue ^- "^ 

Obligations previously issued hereunder shall replace that 01 *^ 

portion of the authorized amount of Revenue Obligations ^ 

previously issued and shall not be deemed to reduce the maximum ^^ 

authorized amount of Revenue Obligations permitted to be issued ^jj f* 

hereunder." y 

SEC. 2. AND BE IT FURTHER ORDAINED, That Ordinance No. 8 67 t^ 

(Bill No. 1324) of the Mayor and City Council of Baltimore O 

approved and effective January 14, 1983, as amended by Ordinance 
No. 344 (Bill No. 419) of the Mayor and City Council of Baltimore 
(approved and effective April 10, 1985) , as amended by Ordinance 

No. 872 (Bill No. 1425) of the Mayor and City Council of C^ 

Baltimore (approved and effective February 26, 1987), as amended ^^ 



by Ordinance No. 150 (Bill No. 197) of the Mayor and City Council 






OL 



of Baltimore (approved and effective July 6, 1988), and as C 

amended by this ordinance, shall remain in full force and effect. LiJ ^ " 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall «— 

take effect on the date of its enactment. ZK 

Approved March 20, 1990 

KURT L. SCHMOKE, Mayor 

117 



-P 



Ord. No. 475 



CITY OF BALTIMORE 

ORDINANCE NO. 475 

(Council Bill No. 897) 

AN ORDINANCE concerning 

ISSUANCE OF REVENUE OBLIGATIONS FOR WATER PROJECTS 

FOR the purpose of increasing the maximum aggregate principal 

amount of Revenue Obligations authorized to be issued by the 
Mayor and City Council of Baltimore pursuant to Ordinance No. 
866 (Bill No. 1323) of the Mayor and City Council of 
Baltimore (approved and effective January 14, 1983) as 
amended by Ordinance No. 343 (Bill No. 418) of the Mayor and 
City Council of Baltimore (approved and effective April 10, 
1985) , as amended by Ordinance No. 871 (Bill No. 1424) of the 
Mayor and City Council of Baltimore (approved and effective 
February 26, 1987) , as amended by Ordinance No. 149 (Bill No. 
196) of the Mayor and City Council of Baltimore (approved and 
effective July 6, 1988) from not exceeding $57,000,000, to 
not exceeding $65,000,000. 

BY amending paragraph (A) of Section 2 of Ordinance No. 866 (Bill 
No. 1323) of the Mayor and City Council of Baltimore 
(approved and effective on January 14, 1983). 

RECITALS 

Ordinance No. 866 (Bill No. 1323) (the "Ordinance") of the 
Mayor and City Council of Baltimore (the "City"), approved by the 
Mayor of the City and effective January 14, 1983, authorizes the 
issuance from time to time by the City of its Revenue Obligations 
(as defined in the Ordinance) (the "Revenue Obligations") in 
order to finance Water Facilities (as defined in the Ordinance) 
(the "Water Facilities") to be located within the geographical 
limits of the City's water system. 

Because of certain events that have occurred since the 
passage of the Ordinance which affect the aggregate principal 
amount of Revenue Obligations which may be required to be issued 
by the City in order to finance Water Facilities, including 
(without limitation) an increase in the number of Water 
Facilities which the City may desire to finance with the proceeds 
of the sale of Revenue Obligations, the City wishes to enact this 
supplemental ordinance to increase to $65,000,000 the aggregate 
principal amount of its Revenue Obligations that may be issued 
under the Ordinance. 



118 



Ord. No. 47 6 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That paragraph (A) of Section 2 of Ordinance No. 866 
(Bill No. 1323) of the Mayor and City Council of Baltimore, 
approved and effective January 14, 1983, be and hereby is amended 
to read as follows: 

"(A) The issuance, sale and delivery of an aggregate 
principal amount of Revenue Obligations which, when issued, will 
result in receipt by the City (inclusive of Costs of Issuance, as 
defined herein) of not exceeding [$57,000,000 Fifty-seven Million 
Dollars] $65,000,000 is hereby authorized for the general public 
purposes of financing the cost of the Financial Facilities and 
repaying the City for amounts expended on Financed Facilities in 
anticipation of the issuance of the Revenue Obligations. This 
maximum amount may consist of (i) Revenue Notes, (ii) Revenue 
Bonds, (iii) Refunding Revenue Notes, (iv) Refunding Revenue 
Bonds, or (v) any combination of items (i) to (iv) above. Any 
Refunding Obligations issued hereunder to refund any Revenue 
Obligations previously issued hereunder shall replace that 
portion of the authorized amount of Revenue Obligations 

previously issued and shall not be deemed to reduce the maximum ^ 

authorized amount of Revenue Obligations permitted to be issued l^ 

hereunder. •' 



Approved March 20, 1990 



KURT L. SCHMOKE, Mayor 



Da 



SEC. 2. AND BE IT FURTHER ORDAINED, That Ordinance No. 866 
(Bill No. 1323) of the Mayor and City Council of Baltimore, 
approved and effective January 14, 1983, as amended by Ordinance 

No. 343 (Bill No. 418) of the Mayor and City Council of Baltimore •— J D 

(approved and effective April 10, 1985), as amended by Ordinance ^ ** 

No. 871 (Bill No. 1424) of the Mayor and City Council of Q^ ^ 

Baltimore (approved and effective February 26, 1987), as amended ^ 

by Ordinance No. 149 (Bill No. 196) of the Mayor and City Council ^^ ^ 

of Baltimore (approved and effective July 6, 1988), and as 2^ 
amended by this ordinance, shall remain in full force and effect. ^ 

C 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall ^^ 

take effect on the date of its enactment. ^^ 



CITY OF BALTIMORE 

ORDINANCE NO. 47 6 UJ 

(Council Bill No. 830) 






>^ 



AN ORDINANCE concerning ^^ ^ 



119 



Ord. No. 476 



SUPPLEMENTARY HIGHER EDUCATION FUND OPERATING APPROPRIATION - THEl 
BUSINESS AND INDUSTRY CENTER OF THE COMMLTNITY COLLEGE OF 

BALTIMORE 

FOR the purpose of providing a supplementary Higher Education 

Fund operating appropriation in the amount of $200,000 to the] 
Business and Industry Center (Program 431 - Instruction) to 
provide for additional operating expenses for the new 
Business and Industry Center. 

By authority of 

Article VI - Board of Estimates 

Section 2 (h) (1) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents Parking Lotj 
revenues in excess of the amounts from these sources estimated 
and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1990 fiscal year, and| 
said money is therefore available for appropriation to the 
Business and Industry Center pursuant to the provisions of 
Article VI, Section 2(h)(1) of the Baltimore City Charter (1964 
Revision, as amended); and 

WHEREAS, The additional sum here appropriated is for a 
program included in the current Ordinance of Estimates and is 
made necessary by a material change in circumstances since the 
formulation and adoption of such Ordinance, in accordance with 
Article VI, Section 2(h)(1) of said Charter; and 

WHEREAS, This supplementary Higher Education Fund operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
6th day of December, 1989, all in accordance with Article VI, 
Section 2(h)(1) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $200,000 shall be made available to the Business and 
Industry Center (Program 431 - Instruction) as a supplementary 
Higher Education Fund operating appropriation for the fiscal year 
ending June 30, 1990 to provide additional operating expenses for 
the new Business and Industry Center which could not reasonably 
be anticipated at the time of formulation of the proposed fiscal 
1990 Ordinance of Estimates. The amount thus made available as a 
supplementary Higher Education Fund operating appropriation shall 
be expended from Parking Lot revenues in excess of the amounts 
from these sources which were estimated or relied upon by the 
Board of Estimates in determining the tax levy required to 

120 J 



n 



Ord. No. 477 



balance the budget for the 1990 fiscal year; and said funds from 
said Parking Lot revenues shall be the source of revenue for this 
supplementary Higher Education Fund operating appropriation as 
required by Article VI, Section 2(h)(1) of the Baltimore City 
Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the date of its enactment. 

Approved March 28, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 477 

(Council Bill No. 903) 

AN ORDINANCE concerning 

Metropolitan District Extension No. 110 

FOR the purpose of consenting to and approving a Petition for the 
Extension of the Metropolitan District of Baltimore County to 
a tract of land consisting of 153.02 acres in the Second 
Election District of Baltimore County located in the vicinity 
of Randallstown, District C23 (Blackhorse Run) and in 
accordance with the provisions of Chapter 539 of the Acts of 
the General Assembly of Maryland of 1924, as amended by 
Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Petition for the extension of the 
Metropolitan District of Baltimore County to a tract of land in 
the Second Election District of Baltimore County located in the 
vicinity of Randallstown, District C23 (Blackhorse Run) , more 
particularly shown on a plat filed in the Department of Public 
Works of Baltimore County numbered Extension 110, is in 
accordance with the authority granted by Chapter 539 of the Acts 
of the General Assembly of Maryland of 1924, and amended by 
Chapter 515 of the Acts of 1955 hereby consented to and approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
taee effect on the date of its enactment. 

Approved March 28, 1990 

KURT L. SCHMOKE, Mayor 



121 



Ord. No. 478 



CITY OF BALTIMORE 

ORDINANCE NO. 478 
(Council Bill No. 904) 

AN ORDINANCE concerning 

Metropolitan District Extension No. Ill 

FOR the purpose of consenting to and approving a Petition for the 
Extension of the Metropolitan District of Baltimore County to 
a tract of land consisting of 26.9 acres in the Second 
Election District of Baltimore County located in the vicinity 
of The Woodlands, District C2 (The Holsan Property) and in 
accordance with the provisions of Chapter 539 of the Acts of 
the General Assembly of Maryland of 1924, as amended by 
Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Petition for the extension of the 
Metropolitan District of Baltimore County to a tract of land in 
the Second Election District of Baltimore County located in the 
vicinity of The Woodlands, District C2 (The Holsan Property) , 
more particularly shown on a plat filed in the Department of 
Public Works of Baltimore County numbered Extension 111, is in 
accordance with the authority granted by Chapter 539 of the Acts 
of the General Assembly of Maryland of 1924, and amended by 
Chapter 515 of the Acts of 1955 hereby consented to and approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
taee effect on the date of its enactment. 



Approved March 28, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 479 
(Council Bill No. 719) 
AN ORDINANCE concerning 

ZONING CODE - APPEAL PROCEDURE 

FOR the purpose of clarifying the provisions relating to appeal! 
to the Board of Municipal and Zoning Appeals. 



122 



Ord. No. 479 

BY repealing and reordaining with amendments 
Article 30 - Zoning 

Chapter 11 - Administration and Enforcement 
Sections 11.0-2f and 11.0-3J 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 30 - ZONING 

Chapter 11 - Administration and Enforcement 

11.0-2 The Zoning Administrator. 

f. Appeals. An appeal to the Board may be taken by any 
person aggrieved, or by any officer, department, board, or 
bureau of the municipality affected by a decision of the 

Zoning Administrator. All appeals shall be taken in C/^ 

accordance with the provisions of Section 11. 0-3 j of this ^ 

chapter and as provided by the rules of the Board. A NOTICE 
OF VIOLATION ISSUED IN ACCORDANCE WITH SECTION 11.0-2E ABOVE 
SHALL BE DEEMED A DECISION OF THE ZONING ADMINISTRATOR WITHIN 
THE MEANING OF THIS SECTION. 



11.0-3 The Board of Municipal and Zoning Appeals. 



<C 
-It 
>' 

Appeals. K ^ 

1. Scope of Appeals. An appeal to the Board may ^ 
be taken by any person aggrieved, or by any ^^ 
officer, department, board, or bureau of the *^ C 
municipality affected by a decision of the Zoning 
Administrator. Such appeal shall be taken within 
[a reasonable time] 10 WORKING DAYS OF SERVICE OF 

THE NOTICE OF VIOLATION and in such form as shall O 

be provided by the rules of the Board by filing 
with the office of the Zoning Administrator a 
notice of appeal specifying the grounds thereof. 
The Zoning Administrator shall forthwith transmit 
to the Board all of the papers constituting the f^^ ^ 

record upon which the action appealed from was -yi ^ 

taken. ^C 

2. Findings of Appeals. Aft ONLY AN appealr TIMELY ^ 
NOTED, FILED, AND PURSUED-r shall stay all ^ 
proceedings in furtherance of the action appealed ^ y 
from, unless the Zoning Administrator certifies to '-^ ^ 
the Board, after the notice of the appeal has been '"^ 
filed with him, that by reason of facts stated in 

123 






^■-. 



Ord. No. 480 



the certificate a stay would, in his opinion, 
cause imminent peril to life or property, in which 
case the proceedings shall not be stayed unless 
otherwise ordered by a restraining order which may 
be granted by the Board or by a court of record on 
application, on notice to the Zoning 
Administrator, and on due cause shown. 

The Board shall render a written decision on the 
appeal , without unreasonable delay, setting forth 
the reason or reasons thereof. In exercising the 
powers hereof, the Board may reverse or affirm, 
wholly or in part, or may modify the order, 
requirement, decision, or determination appealed 
from, and may make such order, requirement, 
decision, or determination as ought to be made, 
and, to that end, shall have all the powers 
conferred upon the Zoning Administrator by this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance shall 
take effect on the 30th day after the date of its enactment. 

Approved April 2, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 480 

(Council Bill No. 727) 

AN ORDINANCE concerning 

PAYMENT IN LIEU OF TAXES - WATERLOO PLACE 

FOR the purpose of authorizing and providing for a negotiated 
payment in lieu of taxes (the "PILOT") in connection with 
the redevelopment of Lot No. 7A, Mt. Vernon Urban Renewal 
Area, bounded by St. Paul Street, Calvert Street, Monument 
Street and Center Street (the "Waterloo Place Project"); 
authorizing the Mayor and City Council of Baltimore to 
effectuate the PILOT for such Project by any and all 
necessary and proper means; making certain legislative 
findings, among others, concerning the public benefit and 
purpose of this ordinance; providing that the assessment of 
all or any portion of the Project subject to real property 
taxation (the "Taxable Property") shall be added to the 
assessable base of the City to determine the amount of any 
State aid that is based on the assessable base of the City; 

124 



Ord. No. 480 

approving the final terins of the PILOT and the Land 
Disposition and Lease Agreement (the "Land Agreement") for 
which the PILOT is negotiated as approved by the Board of 
Estimates of the City of Baltimore; and generally providing 
for and determining various matters in connection with this 
ordinance. 

BY authority of 

Tax - Property Article 

Section 7-501(b) 

Annotated Code of Maryland (1986 Volume and 1988 Cumulative 

Supplement) 

RECITALS 

Section 7-501 (b) of the Tax-Property Article of the 
Annotated Code of Maryland (1986 Volume and 1988 Cumulative 
Supplement) (the "Enabling Act") authorizes the Mayor and City 
Council of Baltimore (the "City") by law to authorize the 
exemption from municipal taxation in the City of Baltimore of, 

and acceptance of a negotiated payment in lieu of the tax on, ^ 

property owned by the City and leased or otherwise made available u 

to any "person", as such term is defined in Section 1-101 (w) of «r 

the Tax-Property Article of the Annotated Code of Maryland (1986 OC 

Volume and 1988 Cumulative Supplement) (the "Tax-Property *^C 

Article"), with the privilege to use such property in connection ^< r* 

with a business conducted for profit. ^<^ 

Pursuant to the authority granted by the Enabling Act, the ^ " 

City, acting by and through the Department of Housing and 01 ** 

Community Development, desires the ability to offer a negotiated ^ 

payment in lieu of taxes (the "PILOT") to Waterloo Associates ^ v; 

Limited Partnership, the developer of the Waterloo Place Project S ft, 
(the "Developer"), in connection with or as part of the Land "^ 

Disposition and Lease Agreement by and between the City and the ^ 

Developer dated August 9, 1989 . as amended, (the "Land ^^ 

Agreement") for such Project. O 

Authorization of the use of the PILOT in connection with or ,^^ '^ 

as part of the Land Agreement is in the best interest of ^ 

Baltimore City and will achieve significant public benefits and r* U* 

purposes, including (i) the facilitation and expansion of the T/\^ 

redevelopment and renewal of Baltimore City which the City has rS ^ 

sought to encourage acting pursuant to various provisions of the ^C 

Constitution and public general laws of Maryland and the tiJ ^ 

provisions contained in subsections (15) and (15A) of Article II ^^ 

of the City Charter ("Redevelopment Laws") ; (ii) the addition of n— 

all or any portion of the Project subject to real property ^^ K' 

taxation (the "Taxable Property") to the assessable tax base of "^ ^ 

Baltimore City; and (iii) the encouragement of the economic ^^ 
development of Baltimore City, including the use of the 

125 



Ord. No. 480 



resources, ingenuity and entrepreneurial talents of the private 
sector to operate and manage the Project efficiently, the 
creation of job opportunities, the general promotion and 
improvement of Baltimore City and its facilities in order to 
foster and maintain the City and the image of the City as a 
healthy environment for the growth of business and industry and 
the continuing economic well-being of its residents, both 
individual and corporate, thereby further encouraging the health, 
welfare and safety of the citizens of the State of Maryland and 
of Baltimore City. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That it is hereby found and determined that there is a 
need for redevelopment and renewal of Mount Vernon Urban Renewal 
Area, and the Waterloo Place Project will play a significant role 
in satisfying that need. Authorizing the Board of Estimates of 
Baltimore City to approve the PILOT in connection with or as part 
of the Land Agreement is in the best interest of the City for 
such authorization will (i) aid in achieving the objectives of 
the Redevelopment Laws and in effectuating the authority given to 
the City by the Enabling Act; (ii) add the Taxable Property to 
the assessable tax base of the City thus resulting in an increase 
in tax revenues for the City; and (iii) encourage the economic 
development of the City by using the resources and skills of the 
private sector, by creating job opportunities, and by generally 
promoting and improving the City and its facilities. 

SEC. 2. AND BE IT FURTHER ORDAINED, That, acting pursuant to 
the provisions of the Enabling Act, the City is hereby authorized 
to exempt from municipal taxation in Baltimore City the Taxable 
Property which is leased to the Waterloo Place Limited 
Partnership, a legal entity having a privilege to use such 
Taxable Property in connection with the Waterloo Place Project, 
and to accept a payment in lieu thereof for the period of time 
during which the City is the Owner (as defined below) of the 
Taxable Property, computed in accordance with the terms of the 
agreement approved by the Board of Estimates (the "PILOT 
Agreement") and attached as an exhibit or a schedule to the Land 
Agreement; provided, however, the assessment of the Taxable 
Property shall be added to the assessable base of the City to 
determine the amount of any State aid, as the term "State" is 
defined in Section 1-101 (ff) of the Tax-Property Article, that is 
based on the assessable base of the City. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the City is hereby 
authorized to execute the PILOT Agreement in connection with or 
as part of the Land Agreement negotiated by the City and the 
Developer for the disposition of the Taxable Property. The final 
terms of the PILOT Agreement and the Land Agreement and the final 
forms of all documents drafted in connection therewith as 
approved by the Board of Estimates on August 9, 1989 , and January 

126 



Ord. No. 481 

10. 1990. are hereby also approved, and no further action by the 
Board of Estimates shall be necessary for the PILOT Agreement to 
go into effect. 

SEC. 4. AND BE IT FURTHER ORDAINED, That, for the purpose of 
this ordinance, the term "Owner" shall mean any ownership 
interest held by the City in the Taxable Property, including bare 
legal title to the Taxable Property, whether in fee or as a 
leasehold interest, and whether or not subject to a ground lease, 
and whether or not so treated for federal income tax purposes, 
and whether or not the Land Agreement provides that the City's 
legal title to the Taxable Property would pass to the Developer 
at a future date or upon the occurrence of certain events. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the provisions of 
this ordinance are severable, and if any provision, sentence, 
clause, section or part hereof is held illegal, invalid or 
unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or 
inapplicability shall not affect or impair any of the remaining 

provisions, sentences, clauses, sections, or parts of this ^ 

ordinance or its application to other persons or circumstances. u 

It is hereby declared to be the legislative intent that this ^_ 

ordinance would have been adopted if such illegal, invalid or Ci D 

unconstitutional provisions, sentence, clause, section or part ^^ ^ 

had not been included herein, and if the person or circumstances ^* 

to which this ordinance or any part thereof is inapplicable had 
been specifically exempted herefrom. «»J D 

>-' 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance Ql "^ 

shall take effect on the date of its enactment. 



-J 
>- 

^^ 

CITY OF BALTIMORE O 

ORDINANCE NO. 481 *V- ^ 

(Council Bill No. 735) r* U* 



Approved April 2, 1990 

KURT L. SCHMOKE, Mayor 



AN ORDINANCE concerning 



ZONING - APPROVAL FOR CONDITIONAL USE UJ 



PARKING LOT - 2 8 00 E. EAGER STREET 



2^ 

FOR the purpose of granting permission to Willie W. Moody for the ^^ K' 

establishment, maintenance and operation of an open off- ^^ ^ 

street parking area for the parking of not more than 5 ^ 

trucks on the property known as 2800 E. Eager Street, as 
outlined in red on the plats accompanying this ordinance^ 

127 



Ord. No. 482 



subject to Planning Department approval of the lighting and 
fencing . 

BY authority of 

Article 30 - Zoning 

Section(s) 7.1-lcc and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted to Willie W. Moody for 
the establishment, maintenance and operation of an open off-street 
parking area for the parking of not more than 5 trucks on the 
property known as 2800 E. Eager Street, as outlined in red on the 
plats accompanying this ordinance, under the provisions of Section(s, 
7.1-lcc and 11.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended), title "Zoning" , subject to the 
condition that the lighting and fencing of the lot must be approved 
by the Planning Department . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of this 
ordinance by the City Council, as evidence of the authenticity of tht 
plat which is a part hereof and in order to give notice to the 
departments which are administering the Zoning Ordinance, the 
President of the City Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The Director of 
Finance shall then transmit a copy of the ordinance and one of the 
plats to the following: the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of Assessments for 
Baltimore City, and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance shall take 
effect on the 30th day after the date of its enactment. 



Approved April 2, 1990 



KURT L. SCHMOKE, Mayo: 



CITY OF BALTIMORE 

ORDINANCE NO. 4 82 

(Council Bill No. 916) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE - CARROLL STREET 

FOR the purpose of repealing Ordinance No. 51, approved April 20, 
1988, which provided for reserved handicap parking on the west sid( 
of Carroll Street for Charles R. Davis. 

128 



Ord. No. 483 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 51, approved April 20, 1988, is 
hereby repealed and the authorization for reserved handicap 
parking on the west side of Carroll Street south of Cross Street 
therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 11, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 483 

(Council Bill No. 917) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE - CONKLING STREET 

FOR the purpose of repealing Ordinance No. 1051, approved 
October 2, 1987, which provided for reserved handicap 
parking on the west side of Conkling Street for William 
Lyons. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 1051, approved October 2, 1987, is 
hereby repealed and the authorization for reserved handicap 
parking on the west side of Conkling Street north of Cough Street 
therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 11, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 484 
(Council Bill No. 876) 
AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND CAPITAL APPROPRIATION 

MAYORALTY RELATED 

129 



Ord. No. 484 



FOR the purpose of providing a supplementary Special Fund Capital 
appropriation in the amount of $750,000 to a Mayoralty 
Related program (Account No. 9904-127-067) to be used for 
renovating and equipping the property and structures located 
at 1 West Mt . Vernon Place for use as the Walters Art 
Gallery Museum of Asian Art. 

By authority of 

Article VI - Board of Estimates 

Section 2 (h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents a State 
Grant in excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1990 fiscal year, and said 
money is therefore available for appropriation to a Mayoralty 
Related program pursuant to the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates, 
in accordance with Article VI, Section 2(h)(2) of said Charter; 
and 

WHEREAS, This supplementary Special Fund Capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
20th day of December, 1989, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
the "sum of $750,000 shall be made available to a Mayoralty 
Related program (Account No. 9904-127-067) as a supplementary 
Special Fund Capital appropriation for the fiscal year ending 
June 30, 1990 to be used for renovating and equipping the 
property and structures located at 1 West Mt. Vernon Place for 
use as the Walters Art Gallery Museum of Asian Art. The amount 
thus made available as a supplementary Special Fund Capital 
appropriation shall be expended from a State Grant in excess of 
the amount from this source which was estimated or relied upon by 
the Board of Estimates in determining the tax levy required to 
balance the budget for the 1990 fiscal year; and said funds from 
said State Grant shall be the source of revenue for this 
supplementary Special Fund Capital appropriation as required by 



130 



Ord. No. 485 



Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 
Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved April 30, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 485 

(Council Bill No. 906) 

AN ORDINANCE concerning 

SUPPLEMENTARY MAYOR AND CITY COUNCIL 
REAL PROPERTY CAPITAL APPROPRIATION - DEPARTMENT OF EDUCATION 

FOR the purpose of providing a supplementary Mayor and City 

Council Real Property Capital appropriation in the amount of 
$104,950 to the Department of Education (Account No. 9932- 
418-019) to support student relocation and moving expenses 
from Diggs-Johnson School to Carroll Park School. 

By authority of 

Article VI - Board of Estimates 

Section 2 (h) (1) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
reimbursement from State Stadium Authority for direct loss of 
personal property in connection with the sale of the Diggs- 
Johnson Middle School (No. 162) in excess of the amount from 
these sources estimated and relied upon by the Board of Estimates 
in determining the tax levy required to balance the budget for 
the 1990 fiscal year, and said money is therefore available for 
appropriation to the Department of Education pursuant to the 
provisions of Article VI, Section 2(h)(1) of the Baltimore City 
Charter (1964 Revision, as amended) ; and 

V7HEREAS, The additional sum here appropriated is made 
available for expenditure by the Municipal agency responsible for 
the production of such revenues in accordance with Article VI, 
Section 2(h)(1) of said Charter; and 

WHEREAS, This supplementary Mayor and City Council Real 
Property Capital appropriation has been recommended to the City 
Council by the Board of Estimates at a regular meeting of the 

131 



Ord. No. 486 



Board held on the 7th day of February, 1990, all in accordance 
with Article VI, Section 2(h)(1) of the Baltimore City Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $104,950 shall be made available to the Department of 
Education (Account No. 9932-418-019) as a supplementary Mayor ai 
City Council Real Property Capital appropriation for the fiscal 
year ending June 30, 1990 to support student relocation and 
moving expenses from Diggs-Johnson School to Carroll Park School, 
The amount thus made available as a supplementary Mayor and City] 
Council Real Property Capital appropriation shall be 
reimbursement from State Stadium Authority for direct loss of 
personal property in connection with the sale of the Diggs- 
Johnson Middle School (No. 162) in excess of the amount from 
these sources which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1990 fiscal year; and said funds from said 
reimbursement from State Stadium Authority for direct loss of 
personal property in connection with the sale of the Diggs- 
Johnson Middle School (No. 162) shall be the source of revenue 
for this supplementary Mayor and City Council Real Property 
Capital appropriation as required by Article VI, Section 2(h)(1) 
of the Baltimore City Charter (1964 Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance . 
shall take effect on the date of its enactment. 



Approved April 30, 1990 



KURT L. SCHMOKE, Mayol 



CITY OF BALTIMORE 

ORDINANCE NO. 486 

(Council Bill No. 892) 

AN ORDINANCE concerning 

REZONING - 4205-4215 MORTIMER AVENUE 

FOR the purpose of changing the zoning for a portion of the 

property known as 4205-4215 Mortimer Avenue from the M-2-1 
Zoning District to the B-3-1 Zoning District, as outlined i^ 
red on the plat accompanying this ordinance. 

BY amending Zoning District Maps 
Sheet No. 11 



132 



Ord. No. 487 

Article 30 - Zoning 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 11 of the Zoning District Maps of 
Article 30-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by 
changing from the M-2-1 Zoning District to the B-3-1 Zoning 
District a portion of the property known as 4205-4215 Mortimer 
Avenue, as outlined in red on the plat accompanying this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 

Commissioner of the Department of Housing and Community /^ 

Development, the Supervisor of Assessments for Baltimore City and T* 

the Zoning Administrator. j*^ 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance ^2 

shall take effect on the 30th day after the date of its ^— ^ 

enactment. "^ ^ 

—It 

Approved May 11, 1990 ^- *" 

KURT L. SCHMOKE, Mayor ^ " 



CITY OF BALTIMORE 



ORDINANCE NO. 4 87 C 

(Council Bill No. 893) Q 

AN ORDINANCE concerning U 

^^ 

ZONING - APPROVAL FOR CONDITIONAL USE H* U* 

DRIVE-IN RESTAURANT WITH A DRIVE-THROUGH WINDOW- "^ ^ 

4205-4215 MORTIMER AVENUE C/V ^ 

FOR the purpose of granting permission for the establishment, LiJ *^ 

maintenance and operation of a drive-in restaurant with a »-, O 
drive through window on a portion of the property known as 
4205-4215 Mortimer Avenue, as outlined in red on the plats 



BY authority of 

Article 30 - Zoning 



> 



accompanying this ordinance. ^^ 



P 



133 



Ord. No. 488 



Sections 6.3-ld and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of a drive-in restaurant 
with a drive through window on a portion of the property known as 
4205-4215 Mortimer Avenue, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Sections 
6.3-ld and 11 . 0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved May 11, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 88 

(Council Bill No. 923) 

AN ORDINANCE concerning 

REPEAL OF AN IMPOUNDING AREA 

For the purpose of deleting an impounding area on the east side 
of Broadway near Thames Street. 

By repealing 

Article 31 - Transit and Traffic 

Subtitle - Impounding Areas 

Section 102(6) 

Baltimore City Code (1983 Replacement Volume, as amended) 

134 



Ord. No. 489 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

BALTIMORE, That Section (s) of the Baltimore City Code (1983 

Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Impounding Areas 

102(B) Streets 

[(6) Broadway, east side, from Thames Street to a point 225' 
south of Thames Street.] 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved May 11, 1990 

KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 4 89 

(Council Bill No. 937) 

AN ORDINANCE concerning 

RESERVED PARKING - 3 00 BLOCK EAST BALTIMORE STREET 

FOR the purpose of providing for reserved parking on the south 
side of the 300 block of East Baltimore Street between the 
hours of 9 A. M. and 11 A. M. 12 noon for Liquor Board 
employees who display a permit. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That on the south side of the 3 00 block of East 
Baltimore Street between the hours of 9 A. M. and 11 A. M. 12 
noon parking is reserved for Liquor Board employees who display a 
permit. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 11, 199 

KURT L. SCHMOKE, Mayor 



135 



Ord. No. 490 

CITY OF BALTIMORE 

ORDINANCE NO. 490 

(Council Bill No. 944) 

AN ORDINANCE concerning 

PARKING - RESERVED 
CATHEDRAL STREET 

For the purpose of providing for reserved parking on the west 
side of Cathedral Street for C.A.R.E. Waxter Medical 
Services. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That on Cathedral Street, west side, from Tyson Street 
to a point 54' feet south of Tyson Street, parking is reserved 
for C.A.R.E. Waxter Medical Services, displaying a permit. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 11, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 491 

(Council Bill No. 919) 

AN ORDINANCE concerning 

UPTON'S MARBLE HILL HISTORIC DISTRICT 

FOR the purpose of expanding the Upton Historical and 

Architectural Preservation District and renaming it Upton's 
Marble Hill Historical and Architectural Preservation 
District. 

By repealing 

Article I - Mayor, City Council, and Municipal Agencies 

Subtitle - Commission for Historical and Architectural 

Preservation 

Section 40(00) 

Baltimore City Code (1983 Replacement Volume, as amended) 

By adding 

Article I - Mayor, City Council, and Municipal Agencies 

136 



Ord. No. 491 

Subtitle - Commission for Historical and Architectural 

Preservation 

Section 40(00) 

Baltimore City Charter (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

Commission for Historical and Architectural Preservation 

40. Created; powers; duties. 

[(00) Upton Historical and Architectural Preservation 
District: 

Beginning for the same at the intersection of the northeast 

side of Druid Hill Avenue and the southeast side of McMechen (/J 

Street; thence binding on the southeast side of McMechen Street ^ 

northeasterly to intersect the southwest side of McCulloh Street; •» 

thence binding on the southwest side of McCulloh Street C-^ D 

southeasterly to intersect the northwest side of Mosher Street; 2^ ^ 

thence binding on the northwest side of Mosher Street ^ ^ 

southwesterly to intersect the southwest side of Stoddard Alley; ^^- T" 

thence binding on the southwest side of Stoddard Alley -^ U 

southeasterly to intersect the northwest side of a 10 foot alley ^* "^ 

80 feet southeast of Mosher Street and running parallel to Mosher K ** 

Street; thence binding on the northwest side of said alley ^ 

southwesterly to intersect the northeast side of Druid Hill cr- ^- 

Avenue; thence binding on the northeast side of Druid Hill Avenue . ' ^ 
northwesterly to the point of beginning.] 

(00) THE AREA LOCATED WITHIN THE BOUNDARIES SET FORTH IN 
THIS SUBSECTION IS HEREBY DECLARED TO BE THE UPTON'S MARBLE HILL 
HISTORICAL AND ARCHITECTURAL PRESERVATION DISTRICT: 









BEGINNING FOR THE SAME AT THE POINT FORMED BY THE 
INTERSECTION OF THE CENTERLINE OF MCMECHEN STREET AND THE 
CENTERLINE OF MCCULLOH STREET AND RUNNING THENCE BINDING ON THE 
CENTERLINE OF MCCULLOH STREET, SOUTHEASTERLY 396 FEET, MORE OR 
LESS, TO INTERSECT THE CENTERLINE OF MOSHER STREET; THENCE 
BINDING ON THE CENTERLINE OF MOSHER STREET, NORTHEASTERLY 14 5 U- T 

FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE OF TIFFANY ^^ 

STREET; THENCE BINDING ON THE CENTERLINE OF TIFFANY STREET, ^^ 

NORTHWESTERLY 396 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE 2^*^ 

OF MCMECHEN STREET; THENCE BINDING ON THE CENTERLINE OF MCMECHEN r-^ ^ 

STREET, NORTHEASTERLY 160 FEET, MORE OR LESS, TO INTERSECT THE '^ 

CENTERLINE OF MADISON AVENUE; THENCE BINDING ON THE CENTERLINE OF 

137 



Ord. No. 491 



MADISON AVENUE, SOUTHEASTERLY 3 96 FEET, MORE OR LESS, TO 
INTERSECT THE CENTERLINE OF MOSHER STREET; THENCE BINDING ON THE 
CENTERLINE OF MOSHER STREET, NORTHEASTERLY 182 FEET, MORE OR 
LESS, TO INTERSECT THE CENTERLINE OF MORRIS STREET; THENCE 
BINDING ON THE CENTERLINE OF MORRIS STREET, SOUTHEASTERLY 198 
FEET, MORE OR LESS, TO AN OFFSET IN MORRIS STREET; THENCE 
SOUTHWESTERLY 10 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE 
OF MORRIS STREET LAID OUT 130 FEET, MORE OR LESS, NORTHEAST OF 
MADISON AVENUE; THENCE BINDING ON THE CENTERLINE OF LAST SAID 
MORRIS STREET, SOUTHEASTERLY 198 FEET, MORE OR LESS, TO INTERSECT 
THE CENTERLINE OF LAFAYETTE AVENUE; THENCE BINDING ON THE 
CENTERLINE OF LAFAYETTE AVENUE, SOUTHWESTERLY 777 FEET, MORE OR 
LESS, TO INTERSECT THE CENTERLINE OF DRUID HILL AVENUE; THENCE 
BINDING ON THE CENTERLINE OF DRUID HILL AVENUE, SOUTHEASTERLY 415 
FEET MORE OR LESS, TO INTERSECT THE CENTERLINE OF LANVALE STREET; 
THENCE BINDING ON THE CENTERLINE OF LANVALE STREET, SOUTHWESTERLY 
213 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE OF ETTING 
STREET; THENCE BINDING ON THE CENTERLINE OF ETTING STREET, 
NORTHWESTERLY 147 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE 
OF A 10 FOOT ALLEY; THENCE BINDING ON THE CENTERLINE OF SAID 10 
FOOT ALLEY, NORTHEASTERLY 8 6 FEET, MORE OR LESS, TO INTERSECT THE 
CENTERLINE OF ANOTHER 10 FOOT ALLEY LAID OUT 9 FEET, MORE OR 
LESS, SOUTHWEST OF DRUID HILL AVENUE; THENCE BINDING ON THE 
CENTERLINE OF LAST SAID 10 FOOT ALLEY, CROSSING LAFAYETTE AVENUE, 
NORTHWESTERLY 415 FEET, MORE OR LESS, TO THE SOUTHEAST OUTLINE OF 
THE PROPERTY KNOWN AS NO. 1412 DRUID HILL AVENUE; THENCE BINDING 
IN PART ON SAID OUTLINE, IN PART ON THE NORTHWEST OUTLINE OF THE 
PROPERTY KNOWN AS NO. 14 03 ETTING STREET, AND IN ALL, 
SOUTHWESTERLY 22 FEET, MORE OR LESS, TO THE CENTERLINE OF ANOTHER 
10 FOOT ALLEY LAID OUT 4 5 FEET, MORE OR LESS, NORTHEAST OF ETTING 
STREET; THENCE BINDING ON THE CENTERLINE OF LAST SAID 10 FOOT 
ALLEY, NORTHWESTERLY 4 FEET, MORE OR LESS, TO THE SOUTHEAST 
OUTLINE OF THE PROPERTY KNOWN AS NO. 1411/1413 ETTING STREET; 
THENCE BINDING IN PART ON LAST SAID OUTLINE, IN PART ON THE 
DIVISION LINE BETWEEN LAST SAID OUTLINE AND THE PROPERTY 
ADJOINING ON THE SOUTHEAST THEREOF KNOWN AS NO. 14 09 ETTING 
STREET, IN PART ON THE LINE OF SAID DIVISION LINE IF PROJECTED 
SOUTHWESTERLY, AND IN ALL, SOUTHWESTERLY 7 FEET, MORE OR LESS, 
TO INTERSECT THE CENTERLINE OF ETTING STREET; THENCE BINDING ON 
THE CENTERLINE OF ETTING STREET, NORTHWESTERLY 85 FEET, MORE OR 
LESS, TO INTERSECT THE CENTERLINE OF A 10 FOOT ALLEY; THENCE 
BINDING ON THE CENTERLINE OF LAST SAID 10 FOOT ALLEY, 
NORTHEASTERLY 7 6 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE 
OF ANOTHER 10 FOOT ALLEY LAID OUT 100 FEET, MORE OR LESS, 
SOUTHWEST OF DRUID HILL AVENUE; THENCE BINDING ON THE CENTERLINE 
OF LAST SAID 10 FOOT ALLEY, NORTHWESTERLY 13 6 FEET, MORE OR LESS, 
TO INTERSECT THE CENTERLINE OF MOSHER STREET; THENCE BINDING ON 
THE CENTERLINE OF MOSHER STREET, NORTHEASTERLY 138 FEET, MORE OR 
LESS, TO INTERSECT THE CENTERLINE OF DRUID HILL AVENUE; THENCE 
BINDING ON THE CENTERLINE OF DRUID HILL AVENUE, NORTHWESTERLY 398 
FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE OF MCMECHEN 

138 



Ord. No. 491 

STREET; THENCE BINDING ON THE CENTERLINE OF MCMECHEN STREET, 

SOUTHWESTERLY 12 5 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE 

OF A 4 FOOT ALLEY LAID OUT IN THE REAR OF THE PROPERTIES KNOWN AS 

NOS. 1600 THROUGH 1608 DRUID HILL AVENUE; THENCE BINDING ON THE 

CENTERLINE OF SAID 4 FOOT ALLEY, NORTHWESTERLY 113 FEET, MORE OR 

LESS, TO INTERSECT THE CENTERLINE OF A 3 FOOT ALLEY LAID OUT 

ADJACENT TO THE SOUTHEAST OUTLINE OF THE PROPERTY KNOWN AS NO. 

1610/1614 DRUID HILL AVENUE; THENCE BINDING ON THE CENTERLINE OF 

SAID 3 FOOT ALLEY, SOUTHWESTERLY 2 4 FEET, MORE OR LESS, TO 

INTERSECT THE LINE OF THE SOUTHWEST OUTLINES OF THE PROPERTIES 

KNOWN AS NOS. 1610 THROUGH 1624 DRUID HILL AVENUE, IF PROJECTED 

SOUTHEASTERLY; THENCE REVERSELY IN PART ON LAST SAID LINE SO 

PROJECTED, IN PART ON THE SOUTHWEST OUTLINES OF LAST SAID 

PROPERTIES, AND IN ALL, NORTHWESTERLY 161.5 FEET, MORE OR LESS, 

TO THE REAR OUTLINE OF THE PROPERTY KNOWN AS NO. 503 WILSON 

STREET; THENCE BINDING IN PART ON PART OF THE REAR OUTLINE OF 

LAST SAID PROPERTY, IN PART ON PART OF THE NORTHWEST OUTLINE OF 

THE PROPERTY KNOWN AS NO. 1624 DRUID HILL AVENUE, AND IN ALL, 

NORTHEASTERLY 16 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE 

OF A 10 FOOT ALLEY LAID OUT 9 5 FEET, MORE OR LESS, SOUTHWEST OF 

DRUID HILL AVENUE; THENCE BINDING ON THE CENTERLINE OF LAST SAID 

10 FOOT ALLEY, NORTHWESTERLY 12 4 FEET, MORE OR LESS, TO INTERSECT 

THE CENTERLINE OF WILSON STREET; THENCE BINDING ON THE CENTERLINE 

OF WILSON STREET, SOUTHWESTERLY 5 FEET, MORE OR LESS, TO O (i 

INTERSECT THE CENTERLINE OF A 10 FOOT ALLEY LAID OUT 100 FEET, ^— , ^ 

MORE OR LESS, SOUTHWEST OF DRUID HILL AVENUE; THENCE BINDING ON ^ 

THE CENTERLINE OF LAST SAID 10 FOOT ALLEY, NORTHWESTERLY 183 <^ ^ 

FEET, MORE OR LESS, TO A SOUTHEAST OUTLINE OF LOT 62 OF BLOCK 339 — J C- 

KNOWN AS NO. 52 WILSON STREET, ALSO KNOWN AS LOT 3 4 AS SHOWN ON ^- ^ 

A PLAT ENTITLED, "AMENDED UPTON PROJECT FINAL SUBDIVISION PLAN", D^ *^ 

RECORDED AMONG THE LAND RECORDS OF BALTIMORE CITY AND FILED IN "^3 

POCKET FOLDER W.A. NO. 2699, DATED: JANUARY 23, 1980; THENCE ^^ 

BINDING ON LAST SAID OUTLINE AND ON AN EAST OUTLINE OF SAID LOT ^ ^ 

THE TWO FOLLOWING COURSES AND DISTANCES; NAMELY, NORTH 46 -25'- ^- U 

00" EAST 10 FEET, MORE OR LESS, AND NORTH 02°-28'-50" WEST 5.35 C 

FEET TO THE DIVISION LINE BETWEEN SAID LOT 62 AND THE PROPERTIES U* ^ 

KNOWN AS NO. 172 THROUGH 17 3 2 DRUID HILL AVENUE; THENCE BINDING O 

ON LAST SAID DIVISION LINE, NORTH 43«>-58'-00" WEST 102 FEET, MORE 

OR LESS, TO THE NORTHWEST OUTLINE OF SAID PROPERTY KNOWN AS NO. 

17 3 2 DRUID HILL AVENUE; THENCE BINDING ON PART OF THE NORTHWEST 

OUTLINE OF LAST SAID PROPERTY, NORTHEASTERLY 14 FEET, MORE OR 

LESS, TO THE REAR OUTLINE OF THE PROPERTY KNOWN AS NO. 17 34 DRUID 

HILL AVENUE; THENCE BINDING ON PART OF THE REAR OUTLINE OF LAST 

SAID PROPERTY, NORTHERLY 11 FEET, MORE OR LESS, TO INTERSECT THE 

CENTERLINE OF AN ALLEY LAID OUT IN THE REAR OF THE PROPERTIES 

KNOWN AS NOS. 17 3 4 THROUGH 17 4 2 DRUID HILL AVENUE; THENCE BINDING 

ON THE CENTERLINE OF LAST SAID ALLEY, NORTHWESTERLY 9 5 FEET, MORE 

OR LESS, TO INTERSECT THE CENTERLINE OF LAURENS STREET; THENCE 

BINDING ON THE CENTERLINE OF LAURENS STREET, NORTHEASTERLY 24 3 •— \ ^ 

FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE OF STODDARD ^ 

ALLEY; THENCE BINDING ON THE CENTERLINE OF STODDARD ALLEY, 

139 



C/5 

u 






S^K 



Ord. No. 492 



SOUTHEASTERLY 792 FEET, MORE OR LESS, TO INTERSECT THE CENTERLINE 
OF MCMECHEN STREET, AND THENCE BINDING ON THE CENTERLINE OF 
MCMECHEN STREET, NORTHEASTERLY 163 FEET, MORE OR LESS, TO THE 
PLACE OF BEGINNING. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved May 21, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 492 

(Council Bill No. 936) 

AN ORDINANCE concerning 

URBAN RENEWAL - INNER HARBOR EAST 
AMENDMENT NO. 5 

FOR the purpose of amending the Urban Renewal Plan for the Inner 
Harbor East Urban Renewal Area to, among other things, (1) 
delete certain properties from acquisition; (2) create and/or 
modify the boundaries of certain development lots for future 
development and right-of-way use; (3) change the land use of 
certain properties; (4) change certain proposed zoning 
district changes; (5) recommend the closing and/or opening of 
certain streets (6) provide and/or revise standards and 
controls for certain existing and newly created development 
lots; (7) revise and/or delete certain Exhibits attached to 
said Urban Renewal Plan to reflect changes provided herein; 
(8) provide that the approval of this amendment to the Urban 
Renewal Plan shall not be construed as an enactment of said 
amendments to the Zoning Ordinance of Baltimore City as 
proposed herein; (9) waive such requirements, if any, as to 
the content or procedure for the preparation, adoption and 
approval of renewal plans as set forth in Article 13 of the 
Baltimore City Code (1983 Replacement Volume) which the 
Renewal Plan for Inner Harbor East may not meet; (10) provide 
for the severability of the various parts and applications of 
this ordinance; (11) provide that where the provisions of this 
ordinance shall conflict with any other ordinance, code, or 
regulation in force in the City of Baltimore, the provision 
which establishes the higher standard shall prevail; and (12) 
provide for an effective date hereof. 



140 



Ord. No. 492 

WHEREAS, an Urban Renewal Plan for Inner Harbor East was first 
approved by the Mayor and City Council of Baltimore by Ordinance 
No. 1188; dated November 19, 1971, and last amended by the Board 
of Estimates on March 26, 1986; and 

WHEREAS, pursuant to Article 13 of the Baltimore City Code 
(1983 Replacement Volume), no substantial change or changes shall 
be made in any renewal plan after approval by ordinance, without 
such change or changes, first being adopted and approved in the 
same manner as set forth in said Article 13 for the approval of 
renewal plans, namely the preparation of such change or changes by 
the Department of Housing and Community Development, the approval 
of such change or changes by the Director of the Department of 
Planning, and approval and adoption by ordinance of the Mayor and 
City Council of Baltimore after a public hearing in relation 
thereto, all in the manner set forth in said Article 13; and 

WHEREAS, extensive changes in the Renewal Plan for Inner 
Harbor East make it infeasible to make line-by-line changes; 
therefore, the Department of Housing and Community Development has 
prepared an amended Urban Renewal Plan for Inner Harbor East; and //J 



101 Concord Street 
500 Dugan's Way 



U 

s 



WHEREAS, said amended Renewal Plan for Inner Harbor East has _ 

been approved by the Director of the Department of Planning with ^^J C 
respect to its conformity as to the Master Plan, the detailed 
location of any public improvements proposed in the amended Renewal 

Plan, its conformity as to the rules and regulations for <^ C 

subdivisions, and its conformity to existing and proposed zoning w-J C- 

classifications; and the said amended Renewal Plan has been ^" ^ 

approved and recommended to the Mayor and City Council of p^ •*• 

Baltimore, by the Commissioner of the Department of Housing and "JjJ 

Community Development; now therefore, ^^ ^ 

SECTION 1 . BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF ^ C-. 
BALTIMORE, That the amended Urban Renewal Plan for Inner Harbor C. 

East, identified as "Urban Renewal Plan, Inner Harbor East Urban Li-* ^ 

Renewal Area," revised to include Amendment No. 5, dated January ^^ 
24, 1990, and further revised April 11. 1990. having been duly 

reviewed and considered, is hereby approved and the Clerk of the k^ H- 

City Council is hereby directed to file a copy of said amended ^" (^ 

Urban Renewal Plan with the Department of Legislative Reference as [— ^ 

a permanent public record and to make the same available for public "TT ^ 

inspection and information. ^^ .^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That it is necessary to UJ ^ 

delete the following properties designated as "property eligible ^ C/ 

for acquisition" on Exhibit A of the Inner Harbor East Urban ^ 

Renewal Plan, as last amended. Z K' 

^^ 



141 



Ord. No. 492 



711 Eastern Avenue 
751 Eastern Avenue 
700 Fleet Street 
720 Fleet Street 
501 East Pratt Street 
729 East Pratt Street 
250 President Street 
300 President Street 

SEC. 3. AND BE IT FURTHER ORDAINED, That the boundaries of 
certain existing development lots shall be modified and certain 
new development lots shall be created, all as shown in the amended 
Urban Renewal Plan on Exhibit B, Development Areas, dated as 
revised January 24, 1990, are hereby approved. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the land use changes 
indicated for certain properties and shown in the amended Urban 
Renewal Plan on Exhibit C, Proposed Land Use, dated as revised 
January 24, 1990, and further revised April 11. 1990. are hereby 
approved. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the change or 
deletion of certain zoning district changes, as proposed in the 
amended Urban Renewal Plan on Exhibit E, Proposed Zoning, dated as 
revised January 24, 1990, and further revised April 11. 1990. are 
hereby approved. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the standards and 
controls provided and/ or revised for certain development lots, as 
contained in the amended Urban Renewal Plan in Section G.14., dated 
as revised January 24, 1990, and further revised April 11. 1990. 
are hereby approved. 

SEC. 7. AND BE IT FURTHER ORDAINED that revised Exhibits A 
through E, dated January 24, 1990, and further revised Exhibits A. 
C. and E. dated April 11. 1990. are hereby approved. 

SEC. 8. AND BE IT FURTHER ORDAINED, That in whatever respect, 
if any, the Renewal Plan approved hereby for the Inner Harbor East 
area may not meet the requirements as to the content of a renewal 
plan or the procedure for the preparation, adoption, and approval 
of renewal plans as provided in Article 13 of the Baltimore City 
Code (1983 Replacement Volume) , the said requirements are hereby 
waived and the amended Renewal Plan approved hereby is exempted 
therefrom. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any work, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the 
application thereof to any persons or circumstances is invalid, 
the remaining provisions and the application of such provisions to 

142 



Ord. No. 493 

other persons or circumstances shall not be affected thereby, the 
Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance without the 
word, phrase, clause, sentence, paragraph, section or part, or the 
application thereof so held invalid. 

SEC. 10. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this ordinance concerns the same subject matter as 
an existing provision of any zoning, building, electrical, 
plumbing, health, fire or safety ordinance, or code or regulation, 
the applicable provisions concerned shall be construed so as to 
give effect to each; provided, however, that if such provisions are 
found to be in irreconcilable conflict with an existing provision 
of any other ordinance or code or regulation in force in the City 
of Baltimore which establishes a lower standard for the promotion 
and protection of the public health and safety, the provision of 
this ordinance shall prevail, and the other existing provision of 
such other ordinance or code or regulation is hereby repealed to 
the extent that it may be found in conflict with this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this ordinance 1- 

shall take effect from the date of its enactment. ^ 

Approved May 24, 1990 C^ 0- 



KURT L. SCHMOKE, Mayor 



REZONING - INNER HARBOR EAST URBAN RENEWAL AREA 



<^. 



<::c 

CITY OF BALTIMORE 7^-^ ^ 

ORDINANCE NO. 493 D- "^ 

(Council Bill No. 939) ^- ^ 
AN ORDINANCE concerning ^ 

o 

FOR the purpose of changing the zoning of the following properties: ip 

701, 921 Aliceanna Street, and the properties on the south ^"^^ f^ 

side of Aliceanna Street, 202 feet east of Albemarle Street f^ ^ 

(Lot 1, Block 1801) and on the south side of Aliceanna Street, C* ^ 

southwest corner of S. Central Avenue (Lot 1, Block 1803), t/0 "^ 

010 - 020 C. — Caroline Street, 632 S. Central Avenue, 601 E. rv^ ^ 
Falls Avenue, 801 Fleet Street, 803 Lancaster Street, 600-606, |C 

632, 633, 700, and 701 President Street, and the properties ^^'^ (Z 

on the east side of President Street, 117 feet south of Fleet ^> 

Street (Lot 4, Block 1799) and on the west side of President "^^ 

Street, 226 feet south of Aliceanna Street (Lot 3, Block 2^1^ 

1798) , the former bed of S. Exeter Street between Fleet and r-^ ^ 

Aliceanna Streets, and an area of the Basin of the N.W. Branch '■""^ 
of the Patapsco River as outlined in red on the plat 

143 



Ord. No. 493 



accompanying this ordinance from the M-3 to the B-2-4 Zoning 
District. 

BY amending Zoning District Maps 
Sheets No. 56 and 66 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheets No. 56 and 66 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) ) , titled "Zoning" be and they are hereby amended by 
changing the zoning of the following properties: 

701, 921 Aliceanna Street, and the properties on the south 
side of Aliceanna Street, 202 feet east of Albemarle Street 
(Lot 1, Block 1801) and on the south side of Aliceanna Street, 
southwest corner of S. Central Avenue (Lot 1, Block 1803) , 
010 020 D. Caroline CtrcGt, 632 S. Central Avenue, 601 E. 
Falls Avenue, 801 Fleet Street, 803 Lancaster Street, 
600-606, 632, 633, 700, and 701 President Street, and the 
properties on the east side of President Street, 117 feet 
south of Fleet Street (Lot 4, Block 1799) and on the west side 
of President Street, .226 feet south of Aliceanna Street (Lot 
3, Block 1798), the former bed of S. Exeter Street between 
Fleet and Aliceanna Streets, and an area of the Basin of the 
N.W. Branch of the Patapsco River as outlined in red on the 
plat accompanying this ordinance from the M-3 to the B-2-4 
Zoning District. 

SECTION 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat, 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, and the Zoning Administrator. 

SECTION 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 24, 1990 

KURT L. SCHMOKE, Mayor 



144 



Ord. No. 494 



CITY OF BALTIMORE 

ORDINANCE NO. 4 94 

(Council Bill No. 950) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND CAPITAL APPROPRIATION - 
DEPARTMENT OF RECREATION AND PARKS 

FOR the purpose of providing a supplementary special fund capital 
appropriation in the amount of $125,000 to the Department of 
Recreation and Parks (Account No. 9938-474-043) to provide 
for the repair and improvements to the Lake Roland Dam. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding 
from Baltimore County in excess of the amount from this source 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Department of Recreation and Parks (Ajccount 
No. 9938-434-043) pursuant to the provisions of Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2(h)(2) of said Charter; 
and 

WHEREAS, This supplementary Special Fund Capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
28th day of March, 1990, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $12 5,000 shall be made available to the Department of 
Recreation and Parks (Account No. 9938-434-043) as a 
supplementary Special Fund Capital appropriation for the fiscal 
year ending June 30, 1990 for the City to provide design funds 

145 



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Ord. No. 495 



for the repair and improvements to the Lake Roland Dam which 
could not reasonably be anticipated at the time of formulation of 
the proposed fiscal 1990 Ordinance of Estimates. The amount thus 
made available as a supplementary Special Fund Capital 
appropriation shall be provided by Baltimore County in excess of 
the amount from this source which was estimated or relied upon by 
the Board of Estimates in determining the tax levy required to 
balance the budget for the 1990 fiscal year; and said funds from 
said Baltimore County shall be the source of revenue for this 
supplementary Special Fund Capital appropriation as required by 
Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 
Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved May 24, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 95 

(Council Bill No. 1003) 

AN ORDINANCE concerning 

ISSUANCE OF REVENUE BONDS, REVENUE NOTES, REFUNDING REVENUE BONDS 
AND REFUNDING REVENUE NOTES (WATER PROJECTS) 

FOR the purpose of authorizing and providing for the issuance 
from time to time, by Mayor and City Council of Baltimore 
(the "City") of its notes or bonds, designated "Revenue 
Notes (Water Projects)" or "Revenue Bonds (Water Projects)", 
as the case may be, in an aggregate principal amount not 
exceeding seventy-five million dollars ($75,000,000) 
pursuant to the provisions of Article 31, Section 12 of the 
Annotated Code of Maryland (1986 Replacement Volume and 1989 
Cumulative Supplement) , as amended from time to time, and in 
accordance with the revenue bond authority contained in 
Article II, Section 50 of the Charter of Baltimore City 
(1964 Revision) , as amended (the "City Charter") , in order 
to use the proceeds for the public purposes of (a) refunding 
certain of the City's outstanding revenue bonds and revenue 
notes which were issued to finance and refinance capital 
improvements for water facilities of the City, (b) 
financing, in part, certain water facilities of the City, as 
provided in this Ordinance, (c) funding capitalized interest 
on such revenue bonds and revenue notes to the extent deemed 
necessary and in accordance with any limitation on the 

146 



Ord. No. 495 

period for such funding established by law, (d) paying the 

Costs of Issuance (as defined in this Ordinance) of such 

revenue notes or revenue bonds and (e) funding any reserve 

funds, including, without limitation, reserves for such 

revenue bonds and operating reserves, created pursuant to 

this Ordinance or the Administrative Resolution (as defined 

in this Ordinance) (any revenue note issued pursuant hereto, 

including any parity revenue note issued pursuant to any 

ordinance supplemental hereto, is referred to herein as a 

"Revenue Note," and any revenue bond issued pursuant hereto, 

including any parity revenue bond issued pursuant to any 

ordinance supplemental hereto, is referred to herein as a 

"Revenue Bond"; the terms Revenue Note and Revenue Bond are 

further defined in the Recitals to this Ordinance) ; 

authorizing and providing for the refunding, renewal or 

refinancing of the Revenue Notes or the Revenue Bonds, 

in whole or in part, from time to time by the City by the 

issuance of refunding, renewal or refinancing notes or 

bonds, as the case may be, and authorizing and providing for 

the refunding, renewal or refinancing of any such refunding, 

renewal or refinancing notes or bonds, all in accordance 

with Article II, Section 50 of the City Charter and Article 

31, Section 12 of the Annotated Code of Maryland (1986 ^ 

Replacement Volume and 1989 Cumulative Supplement) (any note /^ r 

issued pursuant hereto as a refunding, renewal or •— ^ ^ 

refinancing note, including any parity note issued pursuant ^- * 

to any ordinance supplemental hereto, is referred to herein ^, L 

as a "Refunding Revenue Note"; any bond issued pursuant ■— J C 

hereto as a refunding, renewal or refinancing bond, ^. - 

including any parity bond issued pursuant to any ordinance - - 

supplemental hereto, is referred to herein as a "Refunding 

Revenue Bond"; and the Refunding Revenue Notes and the 

Refunding Revenue Bonds are collectively referred to as the ^> 

"Refunding Obligations"; the terms Refunding Revenue Note ^^ 

and Refunding Revenue Bond are further defined in the 

Recitals to this Ordinance) ; authorizing the use of the LJ- 

proceeds of any Refunding Obligations for the public C^ 

purposes of (a) refunding any outstanding Revenue 

Obligations, including the payment of any redemption premium 

thereon, (b) paying the Costs of Issuance (as defined in 

this Ordinance) , of such Refunding Obligations and (c) 

funding any reserve funds for the Refunding Obligations, 

including, without limitation, reserves for the payment of W/ 

interest thereon, and operating reserves, created pursuant Qi 

to this Ordinance or the Administrative Resolution (defined ijj 

herein) ; authorizing the Board of Finance to make various •— ^ (^ 

determinations by resolution with regard to the terms and ^^ 

provisions of the Revenue Notes, the Revenue Bonds, the 'y^ ^ 

Refunding Revenue Notes and the Refunding Revenue Bonds ^T jv' 

(collectively, the "Revenue Obligations"), including the use ^-nJ 

147 






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Ord. No. 495 



of certain expedited procedures; providing for private 
(negotiated) sale of the Revenue Obligations unless the 
Board of Finance shall determine that a particular issue orj 
series of Revenue Obligations shall be sold by competitive 
bidding; providing that the Revenue Obligations (a) shall be 
payable solely and only from (i) Pledged Revenues (as 
defined in this Ordinance) of the Water Utility of the City 
established in accordance with Article 6, Section 11 of the 
City Charter, and Ordinance No. 941 of the City, approved 
by the Mayor on December 14, 1978, (ii) amounts in any funds 
pledged to the payment of the Revenue Obligations, 
including, without limitation, reserve funds established by 
the Board of Finance for the payment of the principal of, 
premium on, if any, and interest on the Revenue Obligations, 
including investment earnings on any such funds (to the 
extent provided by the Board of Finance) , (iii) unexpended 
proceeds of the Revenue Obligations, including investment 
earnings on such proceeds (to the extent provided by the 
Board of Finance), and (iv) other amounts legally available 
therefor (the "Pledged Amounts") , (b) shall not ever 
constitute within the meaning of any constitutional or 
charter provision or otherwise (i) an indebtedness of the 
City or any other political subdivision of the State of 
Maryland or (ii) a charge against the general credit or 
taxing powers of the City and (c) shall not ever constitute 
(directly, indirectly or contingently) an obligation, moral 
or otherwise, of the State of Maryland or of any political 
subdivision thereof, including the City, to levy or pledge 
any form of taxation whatever therefor for their payment; 
pledging the Pledged Amounts to the payment of debt service 
on the Revenue Obligations to the extent provided in the 
Administrative Resolution; authorizing the creation of debt 
service reserve funds, as additional security for the 
payment of the Revenue Obligations (to the extent provided 
by the Board of Finance), and other reserve funds, as 
determined by the Board of Finance; authorizing the issuance 
of Indebtedness (as defined in this Ordinance) which may (to 
the extent provided by the Board of Finance) be secured by 
the Pledged Amounts, provided that any such claim of such 
Indebtedness to the Pledged Amounts shall be junior and 
subordinate as provided in this Ordinance; establishing 
certain covenants of the City with respect to the water 
rates and charges to be established and maintained by the 
City from time to time, including, without limitation, the 
covenant to establish and maintain water rates and charges 
at a level sufficient, together with other amounts in the 
Water Operating Fund and available therefor, to meet for 
each Fiscal Year of the City (defined herein) the Operating 
Reguirements of the Utility (defined herein) and to assure 
at least a one hundred and twenty percent (12 0%) coverage 
from Pledged Revenues (defined herein) of Maximum Annual 

148 



Ord. No. 495 



Debt Service on the Revenue Obligations (defined herein) ; 
providing for the disbursement of the proceeds of the 
Revenue Obligations (defined herein) ; authorizing the City 
to borrow on a short term basis, from time to time, pursuant 
to applicable law, an amount not to exceed an amount equal 
to the amount of Accounts Receivable (defined herein) as of 
the last day of the immediately preceding month multiplied 
by the average Accounts Receivable collection rate of the 
City for the three most recent Fiscal Years and providing 
that such borrowing may be accomplished by, among other 
things, the issuance of Revenue Obligations and providing 
that the amounts so borrowed shall be in addition to the 
amount of Revenue Obligations authorized in Section 2 of 
this Ordinance; authorizing the issuance of any Revenue 
Notes and Refunding Revenue Notes as bond anticipation notes 
pursuant to the Bond Anticipation Note Enabling Act (defined 
herein) and providing for the payment of any such Revenue 
Notes or Refunding Revenue Notes from the first proceeds of 
any Refunding Revenue Bonds issued by the City in an amount 
necessary, together with any other available funds, to 
provide for the payment of the principal of and interest on 
such outstanding notes at maturity, and, if any such Revenue 
Notes or Refunding Revenue Notes are issued hereunder, 
covenanting to issue Refunding Revenue Bonds when, and as 
soon as, the reason for delaying the issuance thereof no 
longer exists; establishing certain covenants of the City 
with respect to the water enterprise utility and with 
respect to the Revenue Obligations; providing that the 
proceeds of the Revenue Obligations or any monies which may 
be deemed to be proceeds thereof, will not be used in a 
manner which would cause the Revenue Obligations to be 
arbitrage bonds; providing that the Board of Finance may 
determine by resolution or other appropriate action certain 
other matters pertaining to the issuance, sale or delivery 
of any series of the Revenue Obligations; providing that 
certain actions may be taken with respect to the 
consolidation of the Water Utility with the wastewater 
utility of the City and with respect to the security for the 
Revenue Obligations, under certain circumstances; providing 
for the recalculation of Pledged Revenues under certain 
changed circumstances; providing for the amendment or 
supplementation of this Ordinance to increase the authorized 
amount of Revenue Obligations, so long as such amendment or 
supplementation is in accordance with this Ordinance, the 
Administrative Resolution and any resolutions of the Board 
of Finance relating thereto; and generally relating to the 
issuance, sale, delivery and payment of all Revenue 
Obligations. 



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Ord. No. 495 



RECITALS 

A. For convenience of reference, Mayor and City Council of 
Baltimore, a municipal corporation organized and existing under 
the Constitution and laws of the State of Maryland, is 
hereinafter sometimes referred to as the "City". 

B. By City Charter amendment and ordinance (both described 
herein) , the City established a separate enterprise system for 
the City's water utility (the "Water Utility") in December of 
1978. The Water Utility roguirc a requires capital funding from 
time to time for improvements to its facilities, which funding 
may come from various sources. The City has determined to issue 
revenue bonds and refunding obligations to provide the funding 
for Water Utility capital projects as an important step in the 
implementation of a fully separate, self-sustaining enterprise 
system as envisioned by the Charter of Baltimore City, 1964 
Revision, as amended (the "City Charter") . The revenue bonds 
will require and the City Charter does require that rates and 
charges established for the Water Utility be maintained at a 
level permitting the Water Utility to operate on a self- 
supporting basis. This Ordinance sets forth the procedure for 
the issuance of revenue bonds in furtherance of this self- 
supporting concept. 

C. Section 50 ("Section 50") of Article II of the City 
Charter authorizes the City to borrow money to finance 
undertakings for the accomplishment of any of the purposes, 
objects and powers of the Citv and in connection therewith to 
issue bonds, notes or other obligations (including refunding 
obligations) payable as to both principal and interest solely 
from and secured solely by a pledge of the revenues from or 
arising in connection with the property, facilities, development 
and improvements whose financing is undertaken by issuance of 
such notes, bonds or other obligations. 

D. Article 31, Section 12 of the Annotated Code of Marylan 
(1986 Replacement Volume and 1989 Cumulative Supplement) (the 
"Bond Anticipation Note Enabling Act") authorizes and empowers 
the City to borrow money in anticipation of the issuance of 
obligations authorized under Section 50 and to evidence such 
borrowing by the issuance and sale of its bond anticipation note 
in aggregate amount not greater than the authorized amount of th 
obligations in anticipation of the sale of which the notes are 
issued and sold. The Bond Anticipation Note Enabling Act 
provides that such notes shall be payable as to interest and 
principal (except to the extent paid from proceeds of the sale o 
the notes) from the first proceeds of the obligations in 
anticipation of the sale of which such notes are issued. The 
Bond Anticipation Note Enabling Act further authorizes and 
empowers the City to pay up to twelve months' interest on the 

150 



Ord. No. 495 

notes from the proceeds of the notes. The Bond Anticipation Note 
Enabling Act authorizes the sale of any notes to be issued 
pursuant to such act by public sale or by private negotiation 
with prospective purchasers, if such negotiated sale is deemed by 
the City to be in the best interest of the City. The Bond 
Anticipation Note Enabling Act authorizes the renewal at maturity 
of bond anticipation notes issued thereunder, with or without 
resale. 

E. Section 50 and the Bond Anticipation Note Enabling Act 
are together referred to herein as the "Enabling Laws." Subject 
to further definition in Section 1 of this Ordinance, (i) notes 
issued under this Ordinance, including parity notes issued 
pursuant to any ordinance supplemental hereto, are referred to 
herein as "Revenue Notes" or "Refunding Revenue Notes," as the 
case may be; (ii) bonds issued under this Ordinance, including 
parity bonds, issued pursuant to any ordinance supplemental 
hereto, are referred to herein as "Revenue Bonds" or "Refunding 
Revenue Bonds," as the case may be; (iii) the Revenue Notes, the 
Refunding Revenue Notes, the Revenue Bonds and the Refunding 
Revenue Bonds are collectively referred to herein as the "Revenue 

Obligations"; and (iv) the Refunding Revenue Notes and the , 

Refunding Revenue Bonds are collectively referred to herein as ^.^ ' 

the "Refunding Obligations." ^J C 

F. The City proposes to spend a portion of the proceeds of ^--* r 
the Revenue Notes or the Revenue Bonds to refund certain ". , 
outstanding revenue bonds and revenue notes which were issued to J^*^ ^ 
finance and refinance capital improvements for water facilities ^* 
in the City. The City proposes to expend the balance of the Qi ' 
proceeds of the Revenue Notes or the Revenue Bonds, after the ^f 
payment of Costs of Issuance and the creation of necessary ^« ^ 
reserves, including without limitation, debt service reserves and ^- ^ 
operating reserves, for the general public purposes of financing 

the costs of Water Utility capital projects (i) appropriated in •. 

any past or the current Ordinance of Estimates (as of the date of 'pZ ' 

issuance of any series of Revenue Obligations), (ii) included, ^y 
from time to time, in the City's six-year capital program (or 
comparable document, from time to time) , (iii) contained in any 
supplemental appropriation to the Ordinance of Estimates approved 
from time to time by the City Council or (iv) which are the 

subjects of transfers from existing appropriations in the ^^ ^^ 

Ordinance of Estimates, as approved, from time to time, by the fy^ ^* 

Board of Estimates (collectively, the "Financed Facilities"). ^i C 

The proceeds of the Revenue Bonds may be used to repay to the L-iJ ^ 

City amounts expended for the Financed Facilities in anticipation *^> ^^ 

of the issuance of the Revenue Obligations. All water facilities ^* 

of the City, including the Financed Facilities, are referred to 2^ K] 

herein as the "Water Facilities". !ZD 



151 



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Ord. No. 495 



G. The City proposes to spend the proceeds of any Refunding 
Obligations hereby authorized for the general public purposes of 
paying, prepaying, refinancing or restructuring the debt evidenced b 
the Revenue Notes, the Revenue Bonds or any other Refunding 
Obligations issued pursuant to this Ordinance, which repayment may 
include the payment of any premium on such obligations, the payment 
of Costs of Issuance (as defined in this Ordinance) and the creation 
of reserve funds for the Refunding Obligations, including, without 
limitation, reserves for the payment of the Refunding Obligations. 

H. Section 50 confers upon the Board of Finance of the City 
(as successor to the Commissioners of Finance of the City) certain 
powers in connection with Revenue Obligations issued pursuant 
thereto, including, without limitation, the power to determine the 
form or forms of obligations, the date of the Revenue Obligations 
issued at any particular time, the right of redemption of the Revenu 
Obligations prior to maturity, if any, and the rate or rates of 
interest to be borne by the Revenue Obligations. 

I. Article 6, Section 11 of the City Charter provides that 
the Water Utility shall be conducted as a separate self- sustaining 
enterprise and that the City shall have adopted by January 1, 1979 a; 
ordinance or ordinances as may be necessary or desirable to implemen 
the provisions of such Section 11. On December 12, 1978 the City 
Council adopted Ordinance No. 941, approved by the Mayor on December 
14, 1978, providing for the implementation of a separate enterprise 
system for the Water Utility. 

J. In addition to any Revenue Obligation proceeds which may 
be available for the payment of one or more series of Revenue 
Obligations, the Revenue Obligations shall be payable solely and onl; 
from (i) Operating Revenues of the Utility (defined herein) arising 
from the increase in Rates and Charges (defined herein) established 
by the City from time to time over those Rates and Charges 
established by the City as of June 30, 1979 (the "Pledged Revenues") 
(ii) amounts in any funds pledged to the payment of the Revenue 
Obligations, including without limitation, any reserve funds 
established by the Board of Finance for the payment of the principal 
of, premium on, if any, and interest on the Revenue Obligations, 
including investment earnings on any such funds (to the extent 
provided by the Board of Finance) , (iii) unexpended proceeds of the 
Revenue Obligations, including investment earnings on such proceeds 
(to the extent provided by the Board of Finance) , and (iv) other 
amounts legally available therefor; provided, however, that if after 
the date of issuance of any series of Revenue Obligations, the metho 
of setting Rates and Charges which was utilized as of June 30, 1979 
is changed by the City (the "New Method") , the Pledged Revenues for 
any period shall be the Operating Revenues of the Utility arising 
from the increase in Rates and Charges established by the City under 
the New Method over those Rates and Charges which would have been 



152 



Ord. No. 495 

established by the City as of June 30, 1979 had the City applied 
the New Method as of June 30, 1979; provided further, however, 
that the New Method shall be applied only to the extent that such 
application does not result in any breach of the rate 
requirements, as of the date of such application, as provided in 
the Administrative Resolution (defined herein) . 

K. The Revenue Obligations shall not ever constitute within 
the meaning of any constitutional or charter provision or 
otherwise (i) an indebtedness of the City or any other political 
subdivision of the State of Maryland or (ii) a charge against the 
general credit or taxing powers of the City. The issuance of the 
Revenue Obligations is not directly or indirectly or contingently 
an obligation, moral or otherwise, of the State of Maryland or of 
any political subdivision thereof, including the City, to levy or 
pledge any form of taxation whatever therefor for their payment. 

SEC 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That, in addition to any other terms defined elsewhere 
in this Ordinance, the following terms shall have the following 
meanings in this Ordinance: 

"Accounts Receivable" means the accounts receivable of the 
Water Utility determined in accordance with generally accepted 
accounting principles, as reflected in the financial statements 
of the Water Utility. 

"Administrative Resolution" means, collectively, the 
resolution or resolutions adopted by the Board of Finance 
pursuant to this Ordinance. 

"Balloon Indebtedness" means Indebtedness 25% or more of the 
principal amount of which matures in the same 12 month period, 
which portion of such principal amount is not required by the 
documents governing such Indebtedness to be amortized by 
redemption prior to such period. Optional Tender Indebtedness 
shall not be deemed to constitute Balloon Indebtedness solely by 
reason of the option of the holder thereof to require the 
redemption or purchase thereof or any required purchase or 
redemption thereof in connection with any termination of any 
Credit Facility securing such Optional Tender Indebtedness prior 
to the stated maturity thereof. 

"Capital Receipts of the Utility" means all receipts 
deposited in the Water Capital Fund of the Water Utility or any 
fund for capital projects created pursuant to the Administrative "~-^ "- 

Resolution, including, without limitation, revenues, receipts ^* 

from federal grants. State of Maryland grants, county grants ^^ ^ 

(including contributions for service) , private grants. State of ,JZ^ ^ 

Maryland loans. City general obligation loan funds, proceeds of . 

153 



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Ord. No. 495 



the Revenue Obligations and all other receipts dedicated to 
particular capital projects of the Water Utility. 

"Costs of Issuance" means the costs of issuing any series of 
Revenue Obligations, including, without limitation, costs of 
engraving, printing, advertising, attorneys fees, underwriting 
discount, placement fees, consultants fees, bond insurance fees, 
rating agency fees, initial fees for letters of credit or lines 
of credit, initial fees of the Trustee and all other incidental 
expenses connected therewith. 

"Credit Facility" means any Liquidity Facility, letter of 
credit, bond insurance policy, bond purchase agreement, guaranty, 
line of credit, surety bond or similar credit or liquidity 
facility securing any Revenue Obligation or other Indebtedness of 
the City. 

"Credit Facility Agreement" means the agreement pursuant to 
which any Credit Facility is issu-ed. 

"Debt Service Requirements" means, when used with respect to 
any Indebtedness for any Fiscal Year or bond year established by 
the Board of Finance in the Administrative Resolution (the "Bond 
Year") (as the case may be), as of any particular date of 
calculation, the amount required to pay the sum of (a) the 
interest on such Indebtedness payable during the period from the 
second day of such Fiscal Year or Bond Year (as the case may be) 
through the first day of the immediately succeeding Fiscal Year 
or Bond Year (as the case may be), and (b) the principal of, the 
sinking fund installment for and any other amount required to 
effect any mandatory redemption of such Indebtedness, if any, 
during the period from the second day of such Fiscal Year or Bond 
Year (as the case may be) through the first day of the 
immediately succeeding Fiscal Year or Bond Year (as the case may 
be) , less any amount of such interest or principal for the 
payment of which moneys or investment obligations authorized by 
the Administrative Resolution, the principal of and interest on 
which when due will provide for such payment, are irrevocably 
held in trust, including (without limitation) any accrued 
interest and capitalized interest held by the Trustee for such 
purpose. For the purpose of calculating the Debt Service 
Requirements: 

(i) with respect to any Variable Rate Indebtedness: 

(A) for the purpose of calculating any debt service 
reserve fund requirement for any Revenue Obligations or other 
Indebtedness established by the Board of Finance in the 
Administrative Resolution (the "Debt Service Reserve Fund 
Requirement") and the principal amount of Balloon Indebtedness 
constituting Variable Rate Indebtedness payable in any Fiscal 

154 



Ord. No. 495 

Year or Bond Year described in clause (ii) (D) below, such 
Indebtedness shall be deemed to bear interest at the fixed rate 
that it would have borne had it been issued at a fixed rate for 
the term thereof, as evidenced by a certificate of an authorized 
officer of the City designated pursuant to the Administrative 
Resolution (the "Authorized Officer") and a certificate of an 
investment banking firm or financial advisor knowledgeable in 
financial matters relating to the City who may be, without 
limitation, the financial advisor to the City, confirming such 
interest rate assumption as reasonable; and 

(B) for all other purposes of this Ordinance, such 
Variable Rate Indebtedness shall be deemed to bear interest at an 
annual rate equal to (1) in the case of any period during which 
such Indebtedness shall have been outstanding, 110% of the 
weighted average interest rate per annum borne by such 
Indebtedness during such period and (2) in any other case, the 
Revenue Bond Index of 30 year revenue bonds published in the Bond 
Buyer on the most recent date prior to the date of calculation 
(or, if such index is no longer published, such other index of 
revenue bonds as shall be set forth in a certificate of an 
Authorized Officer of the City) ; and 

(ii) with respect to any Balloon Indebtedness: C-^ C 

(A) unless such Indebtedness meets the requirements of *— ^ ^ 

clause (ii) (B) , (ii) (C) , (ii) (D) or (v) below, the principal ^^ ^ 

amount of such Indebtedness shall be deemed to be payable during •—J i 

the Fiscal Year or Bond Year in which such principal amount ^v- - 

becomes due, except as provided in clause (ii) (E) below; ry^ ^ ' 



(C) if (I) pursuant to the Administrative Resolution or 
any other resolution of the City, an irrevocable sinking fund 
shall have been established to provide for the payment of such 

155 






(B) if a Liquidity Facility is then in effect with 
respect to such Indebtedness, at the election of the City, the 
principal amount of such Indebtedness payable in each Fiscal Year 
or Bond Year as of any date of calculation may be deemed to be 

the amount that would be payable during such Fiscal Year or Bond UJ— 

Year (as the case may be) pursuant to the Credit Facility C^ 

Agreement under which such Liquidity Facility was issued 
(including any term loan provisions thereunder) if such Liquidity 
Facility were used or drawn upon to purchase or retire such 
Indebtedness on the stated maturity date thereof or on any date 
established for the mandatory redemption thereof, less the 

aggregate amount required to be on deposit in any irrevocable ^^ ^^ 

sinking fund established to provide for the payment of such Qu ^ 

Indebtedness in accordance with clause (ii) (C) below during such LjJ ^ 

Fiscal Year or Bond Year (as the case may be) , except as provided *>-^ O 

in clause (ii) (E) below; ^a- 









Ord. No. 495 



Indebtedness when due, (2) deposits to such sinking fund are 
current and timely and (3) verification of such timely deposits 
is contained in the most recent audited financial statements of 
the City or a letter to the City from an independent certified 
public accountant, then the principal amount of such Indebtedness 
payable in each Fiscal Year or Bond Year (as the case may be) 
shall be deemed to be the amount required to be deposited in such 
sinking fund for such Fiscal Year or Bond Year (as the case may 
be) , except as provided in clause (ii) (E) below; 

(D) except as provided in clause (ii)(C) above and 
clauses (ii)(E) or (v) below, in the case of any Balloon 
Indebtedness in an aggregate principal amount that, together with 
the aggregate principal amount of Outstanding Optional Tender 
Indebtedness described in clause (iii)(C) below, does not exceed 
20% of the Pledged Revenues for the most recent Fiscal Year for 
which audited financial statements of the City are available, at 
the election of the City, the principal amount of such 
Indebtedness payable in each Fiscal Year or Bond Year (as the 
case may be) may be deemed to be the amount that would be payable 
during such Fiscal Year or Bond Year (as the case may be) if such 
Indebtedness were required to be amortized in full from the date 
of its issuance or, in the case of any such Indebtedness issued 
to finance or refinance any Financed Facilities, at the option of 
the City, a date on or before the completion of such Financed 
Facilities, in substantially equal annual installments of 
principal (such principal to be rounded to the nearest $5,000) 
and interest over a term equal to the shorter of (1) 30 years and 
(2) 120% of the weighted average economic life of the Financed 
Facilities, as evidenced by a certificate of an independent 
certified public accountant; provided, however, that if any 
principal amount of such Indebtedness is stated to mature or is 
unconditionally subject to mandatory redemption within the 12- 
month period immediately succeeding the date of calculation, then 
such principal amount shall be deemed to be payable on the stated 
maturity date thereof or on the date established for the 
mandatory redemption thereof; and 

(E) for purposes of calculating the Debt Service 
Reserve Fund Requirement for any Revenue Obligations or other 
Indebtedness, the principal amount of such Indebtedness payable 
in each Fiscal Year or Bond Year shall be determined in 
accordance with clause (ii) (D) above without regard to the 
aggregate principal amount of such Indebtedness outstanding from 
time to time; 

(iii) with respect to any Optional Tender Indebtedness: 

(A) unless such Indebtedness meets the requirements of 
clause (iii) (B) , (iii) (C) or (v) below, the principal amount of 
such Indebtedness payable in each Fiscal Year or Bond Year as of 

156 



Ord. No. 495 

any date of calculation shall be deemed to be the principal 
amount of such Indebtedness that could be payable by the City 
during such Fiscal Year or Bond Year (as the case may be) in 
connection with any demand for the purchase or redemption of such 
Indebtedness by any holder thereof or any termination of any 
Credit Facility securing such Indebtedness, except as provided in 
clause (iii) (D) below; 

(B) if a Liquidity Facility is then in effect with 
respect to such Indebtedness, at the election of the City, the 
principal amount of such Indebtedness payable in each Fiscal Year 
or Bond Year as of any date of calculation may be deemed to be 
the amount that would be payable during such Fiscal Year or Bond 
Year (as the case may be) pursuant to the Credit Facility 
Agreement under which such Liquidity Facility was issued 
(including any term loan provisions thereunder) if such Liquidity 
Facility were used or drawn upon to purchase or retire such 
Indebtedness on the earliest date on which such Indebtedness may 
be required to be purchased or redeemed at the option of the 
holder thereof or in connection with any expiration of any Credit 

Facility securing such Indebtedness, except as provided in clause y 

(iii) (D) below; 

(C) except as provided in clause (iii) (D) below, in the f^ ^ 
case of any Optional Tender Indebtedness in an aggregate ^0 ^ 
principal amount that, together with the aggregate principal 
amount of Outstanding Balloon Indebtedness described in clause 
(ii) (D) above, does not exceed 20% of the Pledged Revenues of 

the City for the most recent Fiscal Year for which audited ^— " 

financial statements of the City are available, the principal Q»^ •— 

amount of such Indebtedness payable in each Fiscal Year or Bond ,^" 

Year (as the case may be) may be determined in accordance with Tz *^ 

clause (ii) (D) above as if such Optional Tender Indebtedness ^j* -, 

were Balloon Indebtedness; and ^. 

(D) for purposes of calculating the Debt Service tJ— Q^ 
Reserve Fund Requirement for any Revenue Obligations or other CD 
Indebtedness, the principal amount of such Indebtedness payable 
in each Fiscal Year or Bond Year (as the case may be) shall be 
determined in accordance with clause (iii) (C) above without 
regard to the aggregate principal amount of such Indebtedness 
outstanding from time to time; 

(iv) with respect to any Credit Facility Agreement, except 
as provided in clauses (ii) (B) and (iii) (B) above, so long as no 
demand for payment under the Credit Facility issued under such 
Credit Facility Agreement shall have been made, the debt service 
requirements of such Credit Facility Agreement shall be excluded 
from such calculation, and 



157 



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Ord. No. 495 



(V) with respect to any (a) Revenue Note the initial stated 
maturity of which is equal to or less than 36 months from the 
date of issuance (and one or more series of Revenue Notes issued 
in order to refund any such Revenue Notes) or (b) Indebtedness 
other than Revenue Obligations, the principal amount of such 
Indebtedness payable in each Fiscal Year or Bond Year as of any 
date of calculation shall be deemed to be the amount that would 
have been payable during such Fiscal Year or Bond Year (as the 
case may be) if such Indebtedness were required to be amortized 
in full from the date of its issuance or, in the case of any such 
Indebtedness issued to finance or refinance any Financed 
Facilities, at the option of the City a date on or before the 
completion of such Financed Facilities, in substantially equal 
annual installments of principal (such principal to be rounded to 
the nearest $5,000) and interest over a term equal to the shorter 
of (1) 30 years and (2) 120% of the weighted average economic 
life of the Financed Facilities, as evidenced by a certificate of 
an independent certified public accountant. 

"Extraordinary Capital Requirement" means, for any Fiscal 
Year, the amount of appropriation authority in the Water Utility 
capital budget portion of the Ordinance of Estimates for such 
Fiscal Year necessary for non-recurring, unanticipated, major 
capital expenditures related to the maintenance or repair of the 
Water Facilities during such Fiscal Year and not otherwise 
provided for in the Water Utility operating or capital budget 
portion of the Ordinance of Estimates, but in any event, not less 
than two and one half percent (2 1/2%) of the estimated Operating 
Revenues of the Utility for such Fiscal Year as set forth in the 
budget for such Fiscal Year. 

"Fiscal Year" means the 12-month period commencing on July 1 
of any calendar year and ending on June 30 of the succeeding 
calendar year, or any other fiscal year established by the City 
from time to time. 

"Indebtedness" means any indebtedness or liability for 
borrowed money, any installment sale obligation or any obligation 
under any Lease that is capitalized under generally accepted 
accounting principles, in each case which the City may by law or 
contract be obligated to pay from the Water Operating Fund with 
respect to the Water Utility. 

"Lease" means any financing lease, sale leaseback or similar 
transaction. 

"Liquidity Facility" means a written commitment to provide 
money to purchase or retire any Indebtedness if (i) on the date 
of delivery of such Liquidity Facility, the unsecured 
indebtedness of the provider of such Liquidity Facility is rated 
by any two rating agencies in one of the two highest rating 

158 



Ord. No. 495 



categories and (ii) as of any particular date of determination, 
not more than 10% of any amount realized under such Liquidity 
Facility for the payment of the principal or the purchase or 
redemption price of such Indebtedness (exclusive of amounts 
realized for the payment of accrued interest on such 
Indebtedness) shall be required to be repaid by the City within 
the succeeding 12-month period. 

"Maximum Annual Debt Service" means, when used with 
reference to any Revenue Obligations for any Bond Year or Fiscal 
Year, as of any particular date of computation, the greatest 
amount required in the then current or any future Bond Year or 
Fiscal Year, respectively, to pay the Debt Service Requirements 
of such Revenue Obligations. 



"Operating Requirements of the Utility" means, for any 
period, the amount of money necessary to meet (i) all operating 
expenses of the Water Utility, exclusive of depreciation; (ii) 
the Debt Service Requirements with respect to Indebtedness; (iii) 
all amounts necessary to maintain the Operating Reserve; (iv) all 
amounts payable to any reserve funds established herein for the 
payment of the Revenue Obligations or other indebtedness ; (v) all 
amounts necessary to maintain the Ordinary Capital Requirement; 
(vi) all amounts necessary to maintain the Extraordinary Capital 
Requirement for such period; (vii) all amounts necessary to fund 
appropriations for specific capital projects to the extent that 
such projects are expected to be paid from Operating Revenues of 
the Utility; (viii) all amounts necessary to compensate the Water 
Utility for any operating deficit from the previous Fiscal Year 
or Years; (ix) all payments of principal, premium, if any, and 
interest on the City's general obligation bonds issued to provide 
the Water Facilities; and (x) all other amounts which the City 
may by law or contract be obligated to pay from the Water 
Operating Fund with respect to the Water Utility. 



O 



"Operating Reserve" means all amounts determined by the City 
to be adequate operating reserves for the Water Utility but in 
any event no less than four percent of the operating expenses of 
the Water Utility shown on the budget of the Water Utility for 
the period of calculation, exclusive of depreciation. 

"Operating Revenues of the Utility" means all income, 
revenue, receipts and other moneys deposited in the Water 
Operating Fund of the Water Utility, including, without 
limitation, all amounts derived by the City from the ownership 
and operation of the Water Utility and all accounts, general 
intangibles and contract or other rights to receive the same, and 
the proceeds thereof, but exclusive of Capital Receipts of the 
Utility. 



o' 

^; 

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Ord. No. 495 



"Optional Tender Indebtedness" means any Indebtedness that 
is subject to optional or mandatory tender by the holder thereof 
(including, without limitation, any mandatory tender in 
connection with the expiration of any Credit Facility securing 
such Indebtedness) for purchase or redemption prior to the stated 
maturity date thereof if the purchase or redemption price of such 
Indebtedness is under any circumstances payable from the Water 
Operating Fund with respect to the Water Utility. 

"Ordinary Capital Requirement" means, for any period, the 
amount of appropriation authority included in the Water Utility 
capital budget portion of the Ordinance of Estimates as deemed 
necessary for the payment of normal recurring capital costs 
related to the renewing, improving, rebuilding or extending of 
the Water Facilities during such period and expected to be 
provided from current Operating Revenues of the Utility; 
provided, however, that if as of June 30 of any Fiscal Year there 
shall be an amount credited to any capital reserve account within 
the Water Utility which shall not have been allocated for payment 
of the cost of a specific capital project of the Water Utility, 
then as of such date the Ordinary Capital Requirement shall be 
reduced for such Fiscal Year by such amount. 

"Rates and Charges" means the rates and charges assessed or 
established by the Board of Estimates in accordance with Article 
29, Sections 21 and 21A of the City Code, as amended from time to 
time, for the supply and use of water for any purpose and at any 
point in or outside Baltimore City, either by meter, fixed charge 
or otherwise. 

"Rate Requirements" means those requirements for the 
establishment of Rates and Charges as set forth in Section 8 of 
this Ordinance. 

"Trustee" means the bank, trust company or national banking 
association appointed pursuant to the Administrative Resolution 
as trustee for any Revenue Obligations. 

"Variable Rate Indebtedness" means Indebtedness the interest 
rate on which is not established at a fixed rate or rates for the 
remaining term thereof, including notes in the nature of 
commercial paper. 

"Wastewater Utility" means the wastewater utility conducted 
as a separate enterprise pursuant to Article VI, Section 11 of 
the City Charter. 

"Water Facilities" means all water facilities of the City, 
including the Financed Facilities. 



160 



Ord. No. 495 

"Water Capital Fund" means the fund of the City to which 
Capital Receipts of the Water Utility are credited. 

"Water Operating Fund" means the fund of the City to which 
Operating Revenues of the Water Utility are credited. 

"Water Utility" means the water utility conducted as a 
separate enterprise pursuant to Article VI, Section 11 of the 
City Charter. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

A. The issuance, sale and delivery of an aggregate 
principal amount of Revenue Obligations not exceeding seventy- 
five million dollars ($75,000,000) is hereby authorized for the 
general public purposes of financing or refinancing the cost of 
the Financed Facilities and repaying the City for amounts 
expended on Financed Facilities in anticipation of the issuance 
of the Revenue Obligations. This maximum amount may consist of 
(i) Revenue Notes, (ii) Revenue Bonds, (iii) Refunding Revenue 
Notes, (iv) Refunding Revenue Bonds, and (v) any combination of 
items (i) to (iv), inclusive, above. Any Refunding Obligations 
issued hereunder to refund any Revenue Obligations previously 
issued hereunder shall replace that portion of the authorized 
amount of Revenue Obligations previously issued and shall not be 
deemed to reduce the maximum authorized amount of Revenue 

Obligations permitted to be issued hereunder. In addition, (i) "" 

the payment of the principal of any Revenue Obligations •► 

previously issued, whether at maturity, upon redemption or * 

otherwise, (ii) the purchase and cancellation of any Revenue j 

Obligations or (iii) the provision for the payment of the ^ 

principal of any Revenue Obligations in a manner which makes such ^^ 

Revenue Obligation no longer outstanding in accordance with the ^ 

terms of the Administrative Resolution shall restore the 
principal amount of Revenue Obligations authorized to be issued 
hereunder by an amount equal to the principal amount of Revenue ^ 

Obligations so paid, purchased and cancelled or otherwise ( 

provided for. The amount of any Credit Facility and any Revenue 
Obligation issued to evidence the indebtedness for borrowed money t_ 

or the liability for such Credit Facility, shall not be deemed to 
reduce the maximum authorized amount of Revenue Obligations 
permitted to be issued hereunder. In connection with the 
issuance of capital appreciation Revenue Obligations, compound 
interest Revenue Obligations or similar types of Revenue 
Obligations, the principal amount of such Revenue Obligations LjJ 

issued pursuant to this Ordinance, for purposes of determining ^> 

the remaining authorized amount of Revenue Obligations permitted ^^ 

to be issued hereunder, shall be the principal amount of such '^L 

Revenue Obligations outstanding on the date of issuance thereof. ,— ^ 



161 



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Ord. No. 495 



B. The proceeds of the Revenue Notes or Revenue Bonds, as 
the case may be, shall be used for the purposes described in 
Section 3 of this Ordinance. The proceeds of any Refunding 
Obligations shall be used for the purposes described in Section 3 
of this Ordinance. The Revenue Notes, the Revenue Bonds or the 
Refunding Obligations, as the case may be, may be issued in one 
or more series, and each such series shall be identified by a 
year and a letter designation, so that the first series in the 
year 1990 (if the issuance of more than one series of notes or 
bonds hereunder is then contemplated and if issued in the year 
1990) shall be designated "Revenue Notes (Water Projects) , Series 
1990-A", "Revenue Bonds (Water Projects), Series 1990-A"; 
"Refunding Revenue Notes (Water Projects), Series 1990-A"; or 
"Refunding Revenue Bonds (Water Projects), Series 1990-A", unless 
another designation is determined in the Administrative 
Resolution. The aggregate principal amount of Revenue 
Obligations to be issued pursuant to this Ordinance at any one 
time shall be determined by the Board of Finance in the 
Administrative Resolution. 

SEC. 3. AND BE IT FURTHER ORDAINED, That: 

A. The net proceeds from the sale of the Revenue Notes or 
Revenue Bonds, as the case may be, authorized to be issued and 
sold by this Ordinance, shall be used and applied for the public 
purposes of (i) refinancing the City's outstanding revenue bonds 
and revenue notes which were issued to finance or refinance 
capital improvements for water facilities of the City; (ii) 
financing, in part, the cost of the Financed Facilities (either 
directly or by repayment to the City, as provided in this 
Ordinance); (iii) funding capitalized interest on any Series of 
Revenue Notes or Revenue Bonds to the extent deemed necessary (as 
provided by the Board of Finance) and in accordance with any 
limitation on the period for such funding established by law; 
(iv) paying the Costs of Issuance of any Series of Revenue Notes 
or Revenue Bonds; and (v) funding any reserve funds, including, 
without limitation, reserves for the Revenue Notes or Revenue 
Bonds and operating reserves (to the extent provided by the Board 
of Finance) , created pursuant to this Ordinance and the 
Administrative Resolution. 

B. The net proceeds from the sale of the Refunding 
Obligations authorized to be issued and sold by this Ordinance, 
shall be used and applied for the public purposes of (i) 
refinancing, restructuring, refunding or renewing, in whole or in 
part, from time to time, any outstanding Revenue Notes, Revenue 
Bonds and Refunding Obligations , or other Indebtedness , including 
the payment of any redemption premium thereon; (ii) paying any 
redemption premium in connection with obligations being 
refinanced or refunded from the proceeds of the Refunding 
Obligations; (iii) paying the Costs of Issuance of any series of 

162 



Ord. No. 495 

Refunding Obligations; and (iv) funding any reserve funds for the 
Refunding Obligations, including, without limitation, reserves 
for the payment of the Refunding Obligations and any Operating 
Reserves (to the extent provided by the Board of Finance) , 
created pursuant to this Ordinance and the Administrative 
Resolution. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

A. The City finds and determines that: (a) the Board of 
Finance, being primarily responsible for the issuance and sale of 
the City's certificates of indebtedness, has the expertise and 
experience necessary to be primarily responsible for the 
determination of matters set forth herein to be within its 
"jurisdiction. The market for Revenue Obligations of the City may 

change from time to time from those conditions at the time of 
issuance of the Revenue Notes or the Revenue Bonds and it is in 
the best interest of the City to grant broad authority and 
flexibility to the Board of Finance in connection with the 
issuance of any Revenue Obligations. 

(b) The existence of a growing market for tax-exempt 
obligations (i) structured in the form of short term commercial 1 

paper, (ii) structured as bond anticipation notes or refunding f*") ^ 

notes, (iii) tied to an interest rate or rates that vary with a •^^ 

defined or stated indicator or index or combinations thereof, _Z '- 

(iv) utilizing zero coupon bonds or compound interest bonds, (v) •* 

issued in connection with a sale lease-back transaction or a 
financing lease, (vi) utilizing letters of credit or lines of 

credit and (vii) otherwise structured in a form then responsive j 

to the market, necessitates the establishment of procedures which 
permit the City to utilize such a market for its obligations in 

addition to the traditional tax-exempt markets. (The structures '^> 

contemplated in this paragraph are referred to herein as the 
"Market Structures".) 

B. Prior to the delivery of any Series of Revenue CD 
Obligations, the Board of Finance shall adopt the Administrative 

Resolution, which shall prescribe, subject to the Enabling Laws, 

(i) the principal amount of Revenue Obligations to be issued as a 

series at any one time, (ii) the date of issue of the series of 

Revenue Obligations, (iii) the interest rate or rates to be borne 

by the series of Revenue Obligations, or the method by which such 

interest rate or rates shall be computed, including the Q.- ^ 

establishment of limitations on the interest rate or rates, 

beyond which further approvals of the Board of Finance are 

required, (iv) the time periods and method of payment of interest 

on the series of Revenue Obligations, (v) the redemption Z!I h' 

provisions, if any, for the series of Revenue Obligations, (vi) ** '^ 

the maturity or maturities of the Series of Revenue Obligations, 

(vii) the denomination or denominations of any Revenue 

163 



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5^^ 



Ord. No. 495 



Obligations, (viii) the form, use of registration and mechanics 
for payment of the Revenue Obligations, and (ix) any other terms 
necessary or appropriate to reflect any matters provided in the 
Administrative Resolution. 

C. The City hereby determines that under facts and 
circumstances now existing, it is in the best interest of the 
City to provide for the sale of the Revenue Obligations by 
private negotiation, unless the Board of Finance shall determine 
that a particular issue or series of Revenue Obligations shall be 
sold by competitive bidding. The Board of Finance is hereby 
authorized to determine whether a particular issue or series of 
Revenue Obligations shall be sold by competitive bidding and any 
such determination shall be set forth in the Administrative 
Resolution for any such issue or series of Revenue Obligations. 

D. The Board of Finance is hereby authorized to adopt a 
master resolution under which procedures are established to 
facilitate the prompt determination and approval of one or more 
of the matters set forth above. Such procedures may include 
telephonic approval and subsequent telegraphic or written 
confirmation of one or more of such matters by a designated 
officer of the City if prescribed guidelines or parameters set 
forth in the master resolution or any amendment thereto are not 
exceeded. 

E. The Board of Finance is further authorized to establish a 
procedure whereby a variable or floating rate or rates can be 
utilized for any Series of Revenue Obligations, and to establish 
any necessary relations with a commercial bank or other 
appropriate institution to facilitate the payment of Revenue 
Obligations, including (without limitation) the use of general or 
standby letters of credit, lines of credit, bond insurance, 
demand features, loan agreements, credit facilities, liquidity 
facilities, backup loan arrangements or notes or similar 
arrangements. 

F. The Board of Finance is further -authorized to take such 
further or additional actions as are needed to permit the 
utilization of any of the Market Structures in connection with 
the issuance of any series of Revenue Obligations, including 
(without limitation) , by Administrative Resolution, to approve 
all terms and provisions of any Credit Facilities and Credit 
Facility Agreements in connection with the issuance of Revenue 
Obligations and to provide, among other things, the terms for 
repayment of any amounts drawn under any such Credit Facility and 
that any provider of any such Credit Facility shall be subrogated 
to the rights of the holders of such Revenue Obligations in 
connection with any amounts advanced under any such Credit 
Facility or that the provider of any such Credit Facility shall 
otherwise have a claim to the Pledged Amounts equal to the claim 

164 



Ord. No. 495 

of the holders of such Revenue Obligations, and any such 
Administrative Resolution may provide for the issuance of Revenue 
Obligations in order to evidence any such claim. 

G. The Administrative Resolution shall be deemed to be of an 
administrative nature and shall take effect on and from the date 
of its passage. 

SEC. 5. AND BE IT FURTHER ORDAINED, That: 

A. The payment of the principal of, premium on, if any, and 
interest on, and the purchase price of, the Revenue Obligations, 
and, to the extent provided in the Administrative Resolution, 
amounts owing to the provider of any Credit Facility securing any 
Revenue Obligations, (a) shall be payable solely and only from 
(i) Pledged Revenues, (ii) amounts in any funds pledged pursuant 
to the terms of the Administrative Resolution to the payment of 
the Revenue Obligations, including, without limitation, any 
reserve fund established by the Board of Finance for payment of 
the principal of, premium on, if any, and interest on the Revenue 
Obligations, including any investment earnings on any such funds 
(to the extent provided by the Board of Finance) , (iii) 

unexpended proceeds of the Revenue Obligations, including - 

investment earnings on such proceeds (to the extent provided by | ^ i 

the Board of Finance), and (iv) other amounts legally available ^^ » , 

therefor (collectively, the "Pledged Amounts") and (b) shall not " 

ever constitute within the meaning of any constitutional or 
charter provision or otherwise (i) an indebtedness of. the City or 
any other political subdivision of the State of Maryland or (ii) ' 

a charge against the general credit or taxing powers of the City. [ 

The issuance of the Revenue Obligations shall not constitute 

(directly, indirectly or contingently) an obligation, moral or ^ 

otherwise, of the State of Maryland or of any political ^^ 

subdivision thereof, including the City, to levy or pledge any 
form of taxation whatever for their payment. 

B. The Pledged Amounts are hereby pledged by the City to C5 
secure the repayment of the principal of, premium on, if any, and 
interest on, and the purchase price of, the Revenue Obligations 
and, to the extent provided in the Administrative Resolution, 
amounts owing to the provider of any Credit Facility securing 
such Revenue Obligations; provided, however, that the pledge of 

the Pledged Amounts made hereby to the payment of the principal ^ ^^ 

of, premium on, if any, and the purchase price of, any Revenue Q— ^ 

Notes and Refunding Revenue Notes, and to the reimbursement of LjJ t^ 

the provider of any Credit Facility securing the payment of such ^•> 

amounts, shall, to the extent and in the manner provided in the "^'T. 

Administrative Resolution, be junior and subordinate to the ^^ ^ 

pledge of the Pledged Amounts to the payment of the principal of, w^ ^ 

premium on, if any, and interest on, and the purchase price of, *-^ 

Revenue Bonds and Refunding Revenue Bonds and the interest on 

165 



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Ord. No. 495 



Revenue Notes and Refunding Revenue Notes, and the reimbursement 
of the provider of any Credit Facility securing the payment of 
such amounts. The authorization provided by this Ordinance to 
issue Revenue Obligations shall include the authorization to 
issue or assume any Indebtedness or to enter into any Leases, fo 
any valid public purpose related to the Water Utility, which 
Indebtedness or Leases, and any Credit Facilities or Credit 
Facility Agreements entered into in connection therewith, if so 
determined by the Board of Finance in the Administrative 
Resolution, may be secured by a pledge of the Pledged Amounts, 
provided that such pledge shall, to the extent and in the manner 
provided in the Administrative Resolution, be junior and 
subordinate to the pledge of the Pledged Amounts to secure the 
payment of the principal of, premium on, if any, and interest on, 
and the purchase price of, Revenue Bonds and Refunding Revenue 
Bonds and interest on Revenue Notes and Refunding Revenue Notes 
and the reimbursement of the provider of any Credit Facility 
securing the payment of such amounts. Any such Indebtedness or 
Leases may, subject to any further requirements of the Board of 
Finance in the Administrative Resolution, the City Charter or 
other applicable law, be approved, secured, sold, executed and 
delivered, and the proceeds thereof may be disbursed, in the 
manner provided in this Ordinance for Revenue Obligations, and 
the authorization under this Ordinance for the Board of Finance 
to issue Revenue Obligations for the purposes and in the manner 
set forth herein shall apply with the same force and effect to 
the issuance, assumption or entering into of any such 
Indebtedness or Leases. Any covenants made in this Ordinance for 
the benefit of the holders, of Revenue Obligations shall also be 
deemed to be made for the benefit of the holders of any such 
Indebtedness or Leases from time to time and shall be enforceable 
by such holders, subject to any limitations set forth in the 
Administrative Resolution. The principal amount of such 
Indebtedness or Leases, and any Credit Facilities issued in 
connection therewith, shall be counted towards the maximum amount 
of Revenue Obligations authorized to be issued under this 
Ordinance to the extent and in the manner provided in Section 2 
of this Ordinance with respect to Revenue Obligations. 

C. The City represents and warrants that the Pledged Amounts 
are and will be free and clear of any pledge, lien, charge or 
encumbrance thereon or with respect thereto prior to, or of equal 
rank with, the pledge created by this Ordinance except to the 
extent expressly permitted by the Administrative Resolution. The 
City covenants and agrees that it shall at all times, to the 
extent permitted by law, defend, preserve and protect the pledge 
of the Pledged Amounts, and all the rights of the holders of the 
Revenue Obligations under this Ordinance and the Administrative 
Resolution against all claims and demands of all persons 
whomsoever. 



166 



I Ord. No. 495 

SEC. 6. AND BE IT FURTHER ORDAINED, That, the Board of 
Finance may establish from the proceeds of the Revenue 
Obligations or other funds of the Water Utility or any other 
amounts whatsoever, one or more reserve funds for the Revenue 
Obligations, including (without limitation) debt service reserve 
funds, which fund or funds may be pledged to the payment of 
principal of, premium on, if any, and interest on, and the 
purchase price of one or more series of such Revenue Obligations 
in the event that the Pledged Amounts for any year are 
insufficient to pay the principal of, premium on, if any, and 
interest on, and the purchase price of, such Revenue Obligations 
for such year. This section shall not be deemed to preclude the 
establishment of other reserve funds, the amounts in which are 
not Pledged Amounts, in connection with the Revenue Obligations 
or any subordinate obligations of the Water Utility, including 
(without limitation) a renewal and replacement fund. 

SEC. 7. AND BE IT FURTHER ORDAINED, That, the City hereby 
covenants that it will pay the principal of, the premium on, if 
any, and the interest on any Revenue Notes or Refunding Revenue 
Notes in the nature of bond anticipation notes from the first 
proceeds of any Refunding Revenue Bonds issued hereunder when, 

and as soon as, the reason for deferring their issuance no longer t 

exists; but in any event, in sufficient time to permit the ^'^ r 

payment of the Revenue Obligations at maturity or extended 
maturity. 

SEC. 8. AND BE IT FURTHER ORDAINED, That, the City 
covenants that: 

A. It will take or cause to be taken all actions necessary 
to ensure that Rates and Charges are assessed, established and 
collected so that, for each Fiscal Year, (i) the aggregate amount 
of collections from such Rates and Charges, together with any 
other moneys then legally available therefor, will be at all * 

times at least equal to 100% of the Operating Requirements of the Li— (. 

Utility and (ii) the amount of Pledged Revenues collected from C^ 

such Rates and Charges will be at all times at least equal to ^ 

12 0% of the Maximum Annual Debt Service on outstanding Revenue 
Obligations. The foregoing requirements are collectively 
referred to as the "Rate Requirements." The phrase "other moneys 
then legally available therefor" in the Rate Requirements shall 

include (without limitation) (i) any amounts borrowed by the City ^ , 

or loaned to the Water Utility in connection with a Revenue U^ p^ 

Anticipation Borrowing as described in Section 8D. below and (ii) LjJ ^ 

anticipated investment earnings on the funds held by the trustee — -^ ^ 

for the Revenue Obligations (the "Trustee") (to the extent " ^— 

provided by the Board of Finance) and (iii) the amount of any 2^ H' 

operating cash balance in the Water Utility in cxcgsg of the ^^^ ^ 

Operating RGSorvc , and shall exclude (without limitation) (a) any ^— ' 

amounts borrowed by the City or loaned to the Water Utility in 

167 



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Ord. No. 495 



connection with any additional borrowing other than a Revenue 
Anticipation Borrowing, as described in Section 8E. below and (b) 
any amounts received or to be received m the current Fiscal Year 
by the Water Utility which amounts are payable by the City to 
Baltimore County, Maryland. 

B. Under current City procedures, the City Charter and 
applicable law, the City covenants and agrees that it will cause 
the following acts to occur in timely fashion; that it will, in 
connection therewith, take any and all action necessary to that 
end; and that it intends to create the following obligations 
hereby : 

(i) The Director of Finance and the Director of Public 
Works, at the time of subnission of the annual operating budget 
portion of the Ordinance of Estimates, shall recor.nend to the 
Board of Estimates the assessment and the establishment of Rates 
and Charges which at least meet the Rate Requirements. 

(ii) The City Council and the members thereof shall 
recommend to the Board of Estimates approval of Rates and Charges 
which are projected to at least meet the Rate Requirements. 

(iii) The Board of Estimates shall assess and establish and 
the Director of Finance shall collect Rates and Charges which at 
least meet the Rate Requirements. 

(iv) Neither the Board of Estimates nor the Director of 
Public Works shall provide for abatement and reduction of the 
Rates and Charges which would cause the Rates and Charges as 
assessed and established to equal less than the amounts necessary 
to satisfy the Rate Requirements. 

(V) Within 60 days of the filing of the Financial Report 
with the City, if such report shows the Operating Revenues of the 
Utility to be less than the amount required to satisfy the Rate 
Requirements, the Director of Finance, the Director of Public 
Works and the City Council and the members thereof shall 
recommend, and the Board of Estimates shall assess and establish, 
Rates and Charges which result in Operating Revenues of the 
Utility at least equal to the amount necessary to satisfy the 
Rate Requirements. 

(vi) If at any time it is established to the satisfaction of 
the TruotGG or the Director of Finance, m accordance with 
procedures established in the Administrative Resolution, that 
expected or actual Operating Revenues of the Utility will be or 
are less than the amount necessary to satisfy the Rate 
Requirements, the Director of Finance, the Director of Public 
Works and the City Council and the members thereof shall 
recommend and the Board of Estimates shall assess and establish, 

16S 



Ord. No. 495 

Rates and Charges which result in Operating Revenues of the 
Utility at least equal to the amount necessary to satisfy the 
Rate Requirements. 

(vii) If in any Fiscal Year it appears that the Operating 
Revenues of the Utility will be in excess of those budgeted for 
the Water Utility and if the Board of Estimates determines to 
decrease the Rates and Charges for any Fiscal Year or portion 
thereof as authorized by Article 29, Section 21A.(a) of the City 
Code, or any successor provision, any such decrease shall be such 
that the resulting collections from the reduced Rates and Charges 
will continue to satisfy the Rate Requirements throughout such 
Fiscal Year or portion thereof. 

(viii) Except as provided in this Ordinance or in the 
Administrative Resolution, so long as any Revenue Obligations are 
outstanding, the City shall not, in the normal course and without 
taking corrective steps to remedy the reasons therefor, furnish 
or supply any facilities, services or commodities afforded by it 
in connection with the Water Utility free of charge, except for 
water provided through hydrants in connection with the provision 
of fire and other public safety services of the City, as 
specified in the Administrative Resolution. The City will 

promptly enforce in the manner and to the extent provided by law ^ 

the payment of any and all delinquent accounts except when the "-^ 

City determines that such enforcement is no longer practicable or ^ 

economically justified. "^ 

•- 

C. The Board of Finance is hereby authorized to establish in * 

the Administrative Resolution any procedure deemed necessary or [ 

desirable to permit the City to respond to any change in the 

method of establishment of Rates and Charges, so long as such ^ 

procedure is consistent with the security of the holders of the ^ 

Revenue Obligations, this Ordinance, the City Charter, the City 
Code and other applicable law. 



D. The City recognizes that in order to comply with the Rate 
Requirements without unnecessarily increasing Rates and Charges, 
it may be necessary to borrow certain amounts in anticipation of 
receipt of Accounts Receivable. Accordingly, the City is hereby 
authorized to borrow on a short term basis, pursuant to 
applicable law, in an amount not to exceed an amount equal to the 
amount of Accounts Receivable as of the last day of the 
immediately preceding month, multiplied by the average Accounts 
Receivable collection rate of the City for the three (3) most LjJ 

recent Fiscal Years (the "Revenue Anticipation Borrowing"). The ^> 

City is hereby authorized to accomplish such borrowing or »-•*• 

borrowings from time to time by any one or more of the following: ^^ 

(i) issuing Revenue Obligations or other Indebtedness; (ii) 
borrowing the amount from the City; or (iii) borrowing the amount 
pursuant to any other method of short term borrowing then 

169 



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Ord. No. 495 



authorized by applicable law. If the Revenue Anticipation 
Borrowing is accomplished through the issuance of Revenue 
Obligations, the Revenue Anticipation Borrowing will be secured 
as other Revenue Obligations and any reference in this Ordinance 
to the security for the Revenue Obligations shall be deemed to 
include the Revenue Anticipation Borrowing. The amount 
authorized to be borrowed by the City from time to time pursuant 
to this subsection shall be in addition to the amount of Revenue 
Obligations authorized in Section 2 hereof. The terms and 
conditions of any Revenue Anticipation Borrowing shall be as 
determined in the Administrative Resolution or any other 
resolution adopted by the Board of Finance in connection with 
such borrowing, including (without limitation) the provision for 
private (negotiated) sale or placement of any City Revenue 
Obligations, which private sale or placement is hereby found and 
determined to be in the best interest of the City unless 
otherwise determined by the Board of Finance in the 
Administrative Resolution or any other resolution adopted by the 
Board of Finance in connection with such borrowing. 

E. Nothing in this Ordinance shall preclude the City from 
borrowing money pursuant to applicable law in order to make a 
loan to the Water Utility to meet any temporary cash operating 
deficit other than as provided in Section 8D. above; provided, 
however, that the proceeds of such borrowing or loan shall not 
constitute amounts available for satisfaction of the Rate 
Requirements, as provided in Section 8A. above. 

SEC. 9. AND BE IT FURTHER ORDAINED, That, the City hereby 
covenants that: 

A. It will take or cause to be taken all actions necessary 
so that amounts at least equal to the Rate Requirements for each 
Fiscal Year (i) are included in the Ordinance of Estimates for 
each Fiscal Year and (ii) are collected when due (or as soon 
thereafter as possible in accordance with law) or are otherwise 
made available in a timely manner. 

B. Under current City procedures, the City Charter and 
applicable law in effect at the time of adoption of the 
Administrative Resolution, this covenant shall be deemed to 
obligate (i) the Director of Public Works to recommend to the 
Director of Finance that amounts at least equal to the Rate 
Requirements for each Fiscal Year shall be included in the 
operating budget portion of the proposed Ordinance of Estimates 
for each Fiscal Year; (ii) the Director of Finance to recommend 
inclusion of amounts at least equal to the Rate Requirements for 
each Fiscal Year in the operating budget portion of the proposed 
Ordinance of Estimates for each Fiscal Year; (iii) the Board of 
Estimates to include amounts at least equal to the Rate 
Requirements for each Fiscal Year in the proposed operating 

170 



Ord. No. 495 

budget portion of the Ordinance of Estimates for each Fiscal 
Year; and (iv) the City Council not to reduce or eliminate 
amounts satisfying the Rate Requirements from the operating 
budget portion of the Ordinance of Estimates for each Fiscal 
Year. 

C. Under current City procedures, the City Charter and 
applicable law, the Director of Public Works shall be obligated 
to determine, prior to his submission of the capital budget for 
the Water Utility in any Fiscal Year, (i) the amount of the 
Ordinary Capital Requirement for the next ensuing Fiscal Year, 
and (ii) the amount necessary to maintain the Extraordinary 
Capital Requirement for the next ensuing Fiscal Year. 

D. The City shall not reduce any appropriation included in 
the Water Utility operating budget portion of the Ordinance of 
Estimates for any Fiscal Year unless requested to do so by the 
Director of Finance. 

SEC. 10. AND BE IT FURTHER ORDAINED, That, the City 
covenants that if additional appropriations for expenditures for 
the Water Utility are approved to be made from Operating Revenues 

of the Utility received or expected to be received in any Fiscal ^ 

Year by the Water Utility in excess of those relied upon by the 

Board of Estimates in determining the Ordinance of Estimates for ^Tli ( 

such Fiscal Year, the City will take or cause to be taken in ^ • 

timely fashion all actions necessary to comply with the Rate ^ 

Requirements. "^ 

SEC. 11. AND BE IT FURTHER ORDAINED, That, the City * 

covenants that if, upon the application of the Director of Public 
Works, the amount for a particular program, purpose, activity or 
project budgeted for the Water Utility in the Ordinance of ^^ 

Estimates for any Fiscal Year is increased or the amount for a ^^ 

new program, purpose, activity or project for the Water Utility 
is introduced by transferring amounts already appropriated to the 
Water Utility in the Ordinance of Estimates for any Fiscal Year, ^ 

the City will take or cause to be taken all actions necessary to C.. 

comply with the Rate Requirements. 



SEC. 12. AND BE IT FURTHER ORDAINED, That: 



r- 



A. The City covenants to take or cause to be taken all 
actions necessary to assure that (i) upon the recommendation of ^ . 

the Director of Finance and the Director of Public Works, CJ— 

appropriations for any program, purpose, activity or project L-iJ 

included in the Ordinance of Estimates for any Fiscal Year for ^> 

the Water Utility will be carried over to Fiscal Years subsequent 
to the one for which any appropriation was initially made for the 
accomplishment of such program, purpose, activity or project and 
(ii) any balance remaining to the credit of the Water Utility at 
the end of any Fiscal Year shall remain to the credit of the 

171 



Ord. No. 495 



Water Utility and an estimate of such balance shall be included 
in the Water Utility's budget for the next ensuing Fiscal Year as 
an estimated receipt to be utilized with respect to the Water 
Utility, that is, an amount to be available for appropriation in 
the Water Utility budget in the next ensuing Fiscal Year. 

B. Under current City procedures, the City Charter and 
applicable law, this covenant shall be deemed to obligate (i) 
the Director of Public Works and the Director of Finance to 
recommend that any program, purpose, activity or project included 
in the Ordinance of Estimates for any Fiscal Year for the Water 
Utility which is necessary for the proper functioning of the 
Water Utility, be carried over to Fiscal Years subsequent to the 
one for which any appropriation was initially made for the 
accomplishment of such program, purpose, activity or project; 
(ii) the Board of Estimates, upon the recommendation of the 
Director of Public Works and the Director of Finance, to approve 
the carrying over to Fiscal Years subsequent to the current 
Fiscal Year any program, purpose, activity or project relating to 
the Water Utility included in the Ordinance of Estimates for the 
current Fiscal Year; and (iii) the Board of Estimates to assure 
that any balance remaining to the credit of the Water Utility at 
the end of any Fiscal Year shall remain to the credit of the 
Water Utility and an estimate of such balance shall be included 
in the Water Utility's budget for the next ensuing Fiscal Year. 

SEC. 13. AND BE IT FURTHER ORDAINED, That, the City 
covenants that it will not amend, seek to amend or have amended 
any existing law, the City Charter or current City procedures in 
any manner which would cause the covenants of the City contained 
in this Ordinance to be abrogated or breached. The City 
recognizes and acknowledges that its covenants with the holders 
of any Revenue Obligations are binding upon the City 
notwithstanding any change in applicable law, the City Charter or 
current City procedures. 

SEC. 14. AND BE IT FURTHER ORDAINED, That, the City 
covenants that (i) the accounting system utilized for the Water 
Utility will conform to generally accepted principles of utility 
accounting and will be kept on the accrual basis and in the 
manner prescribed in Article VII, Section 8 of the City Charter, 
as amended from time to time; (ii) the report with respect to the 
operation of the Water Utility which is required to be filed 
after the close of each Fiscal Year in accordance with Article 
29, Section 21A. (a) of the City Code (the "Financial Report") 
will be submitted as a separate section of the statements 
prescribed under Article VII, Section 8 of the City Charter, as 
amended from time to time; (iii) the Financial Report will 
contain at least all of the financial statements required under 
Article 29, Section 21A. (a) of the City Code, as amended from 
time to time, and will be filed within 180 days of the close of 

172 



Ord. No. 495 

each Fiscal Year; and (iv) the Financial Report shall be audited 
by an independent certified public accountant. 

SEC. 15. AND BE IT FURTHER ORDAINED, That, the City hereby 
covenants and agrees as follows: 

A. Except as provided in this Ordinance and in the 
Administrative Resolution, the City shall not issue any bonds, 
notes or other evidences of indebtedness, other than the Revenue 
Obligations, secured by a ratable or parity pledge of or other 
lien on the Pledged Amounts, and shall not otherwise create or 
cause to be created any ratable or parity lien or charge on the 
Pledged Amounts. 

(i) So long as all necessary requirements of the City 
Charter, the City Code and other applicable law are complied 
with, the City may issue or assume any Indebtedness or enter into 
any Leases for any valid public purpose related to the Water 
Utility, which Indebtedness or Leases, and any Credit Facilities 
or Credit Facility Agreements entered into in connection 

therewith, if so determined by the Board of Finance, may be C 

secured by a pledge of the Pledged Amounts, provided that such [^. 

pledge shall be junior and subordinate to the pledge of the - 

Pledged Amounts to secure the Revenue Obligations and any Credit ^_'i C 

Facility securing the payment of the Revenue Obligations, to the *\ 

extent and in the manner provided in Section 5B. of this 

Ordinance; *" 

•"■^ 

(ii) Notwithstanding anything in this Ordinance or the * 

Administrative Resolution to the contrary, the City may issue or j^ 

assume Indebtedness and enter into Leases secured solely by the ^ 

revenues, receipts or other moneys derived by the City from the ^ 

lease, license, operation, sale or other disposition of any 
facility or equipment of the Water Utility constructed or 
acquired by or on behalf of the City with the proceeds of such 
Indebtedness or in connection with such Leases. Such revenues, 

receipts and other moneys shall not be considered Operating C3 

Revenues of the Utility or Rates and Charges hereunder, provided 
that 



(b) any such revenues, receipts and moneys in excess of 
such debt service, amounts payable in connection with such 
Leases, costs of acquisition, construction, leasing, operation, 

173 






I 



(a) neither the debt service on such Indebtedness, the _ 

amounts payable in connection with such Leases, any cost of the ^ >k 

acquisition, construction, leasing, operation, maintenance or j^^ 

repair of any such facility or equipment nor provision for tJ— 

reserves for any of the foregoing shall be paid from the proceeds {^iJ 

of Revenue Obligations or from Operating Revenues of the Utility ^> 
or shall be included in operating expenses of the Water Utility, 



2: 



Ord. No. 4 95 



maintenance and repair and reserves shall be deposited to the 
credit of the Water Utility (and upon such deposit shall be 
deemed Operating Revenues of the Utility) , and 

(c) prior to issuing or assuming such Indebtedness or 
entering into such Leases, the City shall deliver to the Trustee 
a certificate of a consulting engineer stating that the lease, 
license, operation, sale or other disposition of such facility or 
equipment and the application of the revenues, receipts and other 
moneys derived therefrom to the leasing, operation, maintenance 
and repair thereof and the payment of the debt service on such 
Indebtedness issued therefor or the amounts payable in connection 
with the Leases entered into therefor, and the provision of 
reserves for the foregoing, will not result in any material 
decrease in the Operating Revenues of the Utility or the Pledged 
Revenues of the City, as provided in the Administrative 
Resolution. 

B. The Administrative Resolution shall provide the extent 
to which all or any part of the Water Facilities may be sold, 
mortgaged, leased or otherwise disposed of or encumbered so long 
as such provisions are consistent with applicable law, this 
Ordinance and the covenants contained herein. 

C. In order to implement the obligations historically 
exercised by the City with respect to the Water Utility and to 
implement the City Charter provisions with respect to the Water 
Utility, the City shall operate, or cause to be operated, the 
Water Utility properly and in a sound, efficient and economical 
manner and shall maintain, preserve, and keep the same or cause 
the same to be maintained, preserved, and kept in good repair, 
working order and condition, and shall from time to time make, or 
cause to be made, all necessary and proper repairs, replacements 
and renewals so that the operation of the Water Utility may be 
properly and advantageously conducted, and, if any useful part of 
the Water Utility is damaged or destroyed or taken through the 
exercise of eminent domain, the City shall, as expeditiously as 
practicable, commence and diligently prosecute the replacement or 
reconstruction of such damaged or destroyed part so as to restore 
the same to use and the replacement of such part so taken; 
provided, however, that nothing in this Ordinance or the 
Administrative Resolution shall require the City to operate, 
maintain, preserve, repair, replace, renew or reconstruct any 
part of the Water Utility if (i) abandonment of operation of such 
part is economically justified and is not prejudicial to the 
interests of the holders of the Revenue Obligations, and (ii) 
failure to operate, maintain, preserve, repair, replace, renew or 
reconstruct such part will not impair the ability of the City to 
satisfy the Rate Requirements. The Administrative Resolution may 
establish the terms and conditions of any such exception and may 



174 



i 



Ord. No. 495 

provide for further exceptions so long as consistent with this 
Ordinance and the covenants of the City contained herein. 

D. The City shall at all times (i) keep all Water 
Facilities of an insurable nature and of the character usually 
insured by operating utilities similar to the Water Utility 
insured, insofar as practicable, against loss or damage by fire 
and from other causes customarily insured against and (ii) 
maintain insurance, insofar as practicable, against loss or 
damage from such hazards and risks to the persons and property of 
others as are usually insured against by those operating systems 
similar to the Water Utility. The amounts and types of insurance 
to be maintained and the terras and conditions with respect to the 
insurance or any proceeds from any claim thereunder shall be as 
provided in the Administrative Resolution. Nothing contained in 
this Ordinance shall prohibit the use of self-insurance to 
fulfill any covenant with respect to insurance so long as the 
self-insurance is in accordance with any terms and conditions 
with respect thereto contained in the Administrative Resolution. 

SEC. 16. AND BE IT FURTHER ORDAINED, That, the City 
covenants that no expenditures will be made from amounts credited ^. 

to the Water Operating Fund of the Water Utility (or successor - 

operating fund) except those expenditures relating to items for C-^ C 

which appropriations have been made in the Water Utility ^ 

operating budget portion of the Ordinance of Estimates. 

SEC. h=7- i?. AND BE IT FURTHER ORDAINED, That, all Revenue •- 

Obligations shall be executed in the name of the Mayor and City ^ 

Council of Baltimore and on its behalf by the manual or facsimile ^ 

signature of the Mayor or acting Mayor of the City and of the ^ 

Director of Finance or acting Director of Finance of the City and ^ 

the corporate seal of the City shall be imprinted thereon, ^^^ r 
attested by the manual or facsimile signature of the Custodian or 

the alternate Custodian of the Seal of the City. However, the . *■ 

Board of Finance may, in the Administrative Resolution, when the ■^^ i 

Board of Finance finds that the nature of a transaction requires Cj 
such a procedure, establish a procedure whereby the Trustee, or a , 

responsible trust company or other duly authorized trustee, 
issuing agent or paying agent, maintains an inventory of blank 

Revenue Obligations previously imprinted and signed, available _ 

for delivery to purchasers of s hort - term Revenue Obligations ^ #^ ,. 

under conditions which require prompt action and delivery. ir^ ^^ 

In the event any official whose signature shall appear on UiJ , - 

any series of the Revenue Obligations shall cease to be such ^> ^- 

official prior to the delivery of any series of Revenue ^^ 

Obligations, or, in the event any such official whose signature 2^ y 

shall appear on any series of Revenue Obligations shall have 
become such after the date of issue thereof, the Revenue 
Obligations of such series shall nevertheless be valid and 

175 



P-[ 



:r) 



Ord. No. 495 



legally binding obligations of the City in accordance with their 
terms . 

SEC. 18. AND BE IT FURTHER ORDAINED, That, the proceeds 
froin the sale of the Revenue Obligations shall be paid to the 
Director of Finance for immediate deposit with the Trustee. The 
Trustee shall invest and disburse such proceeds in accordance 
with the Enabling Laws, this Ordinance and the Administrative 
Resolution. 

Upon presentation to the Trustee of the appropriate vouchers 
therefor, as provided in the Administrative Resolution, the 
Trustee shall pay, from the proceeds of each series of Revenue 
Obligations in his hands, all Costs of Issuance. Nothing shall 
prevent the payment by the City of any underwriting discount or 
placement fee payable in connection with any series of Revenue 
Obligations by the deduction by the underwriters or placement 
agents of an amount equal to such discount or placement fee from 
the offering price of such series of Revenue Obligations. 

The Trustee shall credit to a special account on its books 
the amount, if any, of the proceeds of each series of Revenue 
Obligations designated as capitalized interest on such series of 
Revenue Obligations. 

Prior to expenditure of the proceeds of any series of 
Revenue Obligations, the proceeds or any part thereof may be 
invested by the Trustee, in accordance with the Administrative 
Resolution and within any limitation and in the manner provided 
by law. Upon presentation to the Trustee of appropriate requests 
therefor, as provided in the Administrative Resolution, the 
Trustee shall pay to the Director of Finance from the proceeds of 
any series of Revenue Obligations, amounts for any of the 
purposes specified in this Ordinance and in the Administrative 
Resolution. 

If the funds derived from the sale of the Revenue Notes or 
Revenue Bonds shall exceed the amount needed (i) to refund any 
outstanding obligations of the City determined to be refunded by 
the Board of Finance in the Administrative Resolution and (ii) to 
finance the Financed Facilities, the funds so borrowed and not 
expended for the public improvements provided by this Ordinance 
shall be applied, under the terms and conditions set forth in the 
Administrative Resolution, to fund reserve fund deficiencies, if 
any, to pay principal of or interest on Revenue Obligations or to 
redeem or purchase Revenue Obligations. 

SEC. 19. AND BE IT FURTHER ORDAINED, That, authority is 
hereby conferred on the Board of Finance, to take the following 
actions and to make the following commitments on behalf of the 
City: 

176 



Ord. No. 495 

A. to determine and set forth the form, terms, provisions 
(including redemption provisions and sinking fund requirements, 
if any), manner or method of issuing and selling (including 
negotiated or competitive bid sale) and the time or times of 
issuance and any and all other details of the Revenue 
Obligations; 

B. to prepare and distribute, in conjunction with the 
prospective underwriters or placement agents, if any, for the 
Revenue Obligations, preliminary and final official statements or 
placement memoranda or circulars as the Board of Finance deems 
necessary and appropriate in connection with the sale of the 
Revenue Obligations; provided, however, that any such preliminary 
official statements or placement memoranda or circulars shall be 
clearly marked to indicate that they are subject to completion 
and amendment; 

C. to determine the dates, times and places when an 
underwriting or placement agreement or purchase contract shall be 
submitted by the underwriters or placement agents for the Revenue 

Obligations or purchasers of the Revenue Obligations, such t/ 

underwriting or placement agreement or purchase contract to U 

specify the interest rate or rates proposed to be paid on the ^.. ^ 

Revenue Obligations, the price at which such Revenue Obligations C--^ C^ 

are to be sold to such underwriters, placement agents or 2^ ^ 

purchasers, and such other matters as the underwriters, placement J^ r- 
agents or purchasers and the Board of Finance may deem necessary 
or desirable in order to effect the sale and delivery of the 
Revenue Obligations; 



D. to determine the interest rate or rates to be paid by 
the City on the Revenue Obligations in accordance with the g^- 
proposed underwriting or placement agreement or purchase contract ^ 
submitted by the underwriters or placement agents for the Revenue 
Obligations or purchasers of the Revenue Obligations; . 

E. to appoint, as the Board of Finance deems necessary and C. 
appropriate, a bank having trust powers, or a trust company, as 

Trustee for the Revenue Obligations; and ^i^ 



F. to approve the form of trust agreements between the City 



b - 



and the Trustee (which may be the Administrative Resolution) , f.^ 

which trust agreements may (i) pledge or assign all or any part ^^ - 

of the security of the Revenue Obligations so long as consistent 

with the covenants contained in this Ordinance and the 

Administrative Resolution, (ii) contain reasonable and proper 

provisions for the protection and enforcement of the rights and >^^ 

remedies of the holders of the Revenue Obligations, (iii) set 2^ ^" 

forth the rights and remedies of the holders of the Revenue 

Obligations and any Trustee and may restrict the individual right 

of action by the holders of the Revenue Obligations and (iv) 

177 



::3 



Ord. No. 495 



contain whatever other provisions are deemed reasonable and 
proper for the security of the holders of the Revenue 
Obligations . 

The Board of Finance shall perform any and all actions 
necessary or deemed appropriate by such Board in order to effect 
the issuance and sale of the Revenue Obligations in accordance 
with and pursuant to this Ordinance and the underwriting or 
placement agreements or purchase contracts for the Revenue 
Obligations . 

SEC. 20. AND BE IT FURTHER ORDAINED, That, prior to the 
sale of the Revenue Obligations, the Board of Finance, unless the 
City shall otherwise prescribe, may determine by resolution: 

(1) the provisions of trust between the City and the 
Trustee; 

(2) the manner of execution, authentication, registration 
and transfer of the Revenue Obligations; 

(3) provisions for authentication and delivery of the 
Revenue Obligations; 

(4) the terms of any private insurance, public insurance or 
any other security for the Revenue Obligations; 

(5) provisions for creation, holding and disbursement of any 
funds and accounts to be held by the Trustee or the Director of 
Finance; 

(6) provisions for the application of the Operating Revenues 
of the Utility, the Pledged Revenues and the Pledged Amounts; 

(7) provisions for the security for and investment of moneys 
held by the Trustee or the Director of Finance; 

(8) the details of the procedure for any redemption of the 
Revenue Obligations; 

(9) remedies for holders of the Revenue Obligations in the 
event of default; 

(10) the duties, rights and immunities of the Trustee; 

(11) the manner of execution of instruments by holders of 
the Revenue Obligations and the method of proof of ownership of 
the Revenue Obligations; 



178 



Ord. No. 495 

(12) provisions for modification of this Ordinance, 
including amendment of this Ordinance to increase the aggregate 
amount of Revenue Obligations authorized hereunder; 

(13) provisions for defeasance of the Revenue Obligations; 

(14) the forms of the Revenue Obligations (including book- 
entry or certificated bonds), and the Trustee's authentication 
certificate; and 

(15) such other matters in connection with the 
authorization, issuance, security, sale and payment of the 
Revenue Obligations as may be deemed appropriate by the Board of 
Finance. 

Any resolution or resolutions adopted pursuant to this 
Ordinance shall be deemed to be of an administrative nature. 

SEC. 21. AND BE IT FURTHER ORDAINED, That, although under 
current law the Water Utility and the Wastewater Utility are each 

to be conducted as a separate enterprise, on a financially self- {f. 

sustaining basis, nothing in this Ordinance shall be deemed to U 

preclude a consolidation or other combination of the Water 

Utility and the Wastewater Utility or any budgetary restructuring »,. 

or interfund reorganization of such utilities, so long as it is •rp*' <: 



determined, in accordance with procedures set forth in the 

Administrative Resolution, that such consolidation or combination 

will not impair the security for the Revenue Obligations as 

provided in this Ordinance, the Administrative Resolution and the ^" "^ 

Revenue Obligations. Q;.*! " 






SEC. 22. AND BE IT FURTHER ORDAINED, That, although this 
Ordinance provides for, and the Administrative Resolution shall 
provide for, a pledge of the Pledged Amounts with respect to the 
Revenue Obligations, nothing in this Ordinance shall be deemed to 
preclude a pledge, with respect to the Revenue Obligations, of 
revenue of and amounts held by the Water Utility, including the C 

Pledged Amounts, under different or alternative formulations, so 
long as it determined, in accordance with procedures set forth in 
the Administrative Resolution, that such different or alternative 
formulation will not impair the security for the Revenue 
Obligations as provided in this Ordinance, the Administrative 
Resolution and the Revenue Obligations. 



u 



^ 



SEC. 23. AND BE IT FURTHER ORDAINED, That, the Mayor and U ■ 

City Council may amend or supplement this Ordinance from time to ^^ "^ 

time as necessary and appropriate to increase the authorized i^^ 

amount of Revenue Obligations, and for any other purpose provided ^^ y 

such action is otherwise consistent with the terms of this 
Ordinance, the Administrative Resolution and the Revenue 
Obligations. The Administrative Resolution shall provide that no 

179 



ZID 



Ord. No. 495 



such Additional Revenue Obligations shall be issued pursuant to 
this Ordinance and the Administrative Resolution unless (a) there 
is no Event of Default existing on the date of issuance of any 
such Revenue Obligations and (b) there is a determination, 
pursuant to the Administrative Resolution, that the Rate 
Requirements will be met on the date of issuance of any such 
obligations. Reference to the Enabling Laws in this Ordinance or 
any supplemental ordinance may refer to one or both of such 
Enabling Laws and shall not be deemed to be exclusive of any 
public general law or any public local law or charter provision 
enacted from time to time. 

SEC. 24. AND BE IT FURTHER ORDAINED, That, if any action or 
any matter delegated to the Board of Finance, or authorized for 
implementation by the Board of Finance, shall not be acted upon 
by the Board of Finance, such actions and matters may be acted 
upon or implemented hy a resolution approved by the City Council 
of the City, which is subsequently approved by the Mayor or 
acting Mayor of the City. 

SEC. 25. AND BE IT FURTHER ORDAINED, That, in the event 
that Revenue Obligations are issued pursuant to this Ordinance 
with the expectation that interest on such Revenue Obligations 
will be exempt from federal income taxation, the City covenants 
with each of the holders of any such Revenue Obligations that it 
will not use, or suffer or permit to be used, the proceeds 
received from sale of the Revenue Obligations, or any moneys on 
deposit to the credit of any Revenue Obligations account .of the 
City or established under the Administrative Resolution which may 
be deemed to be proceeds of the Revenue Obligations pursuant to 
Section 148 of the Internal Revenue Code of 1986, as amended (the 
"Internal Revenue Code"), and applicable regulations thereunder, 
which use would cause such Revenue Obligations to be "arbitrage 
bonds" within the meaning of Section 148 of the Internal Revenue 
Code and the regulations thereunder. The City further covenants 
that it will comply with Section 148 of the Internal Revenue Code 
and the regulations thereunder which are applicable to the 
Revenue Obligations on the date of issuance of the Revenue 
Obligations and which may subsequently lawfully be made 
applicable to the Revenue Obligations. The Mayor, the Director 
of Finance and the Chief of the Bureau of Treasury Management of 
the City are hereby authorized and directed to prepare or cause 
to be prepared and to execute, respectively, any certification, 
opinion or other document which may be required to assure that 
the Revenue Obligations will not be deemed to be "arbitrage 
bonds" within the meaning of Section 148 of the Internal Revenue 
Code and the regulations thereunder. 

In the event that Revenue Obligations are issued hereunder 
with the expectation that interest on such Revenue Obligations 
will be exempt from federal income taxation, the Mayor may make 

180 



Ord. No. 495 

such covenants or agreements in connection with the issuance of 

such Revenue Obligations as he shall deem advisable in order to 

assure the holders of such Revenue Obligations that interest 

thereon shall be and remain exempt from federal income taxation, 

and such covenants or agreements shall be binding on the City so 

long as the observance by the City of any such covenants or 

agreements is necessary in connection with the maintenance of the 

exemption from federal income taxation of the interest on such 

Revenue Obligations. The foregoing covenants and agreements may 

include such covenants or agreements on behalf of the City 

regarding compliance with the provisions of the Internal Revenue 

Code as the Mayor shall deem advisable in order to assure the 

holders of such Revenue Obligations that the interest thereon 

shall be and remain exempt from federal income taxation, 

including (without limitation) covenants or agreements relating 

to the investment of Revenue Obligation proceeds, the payment of 

certain earnings resulting from such investment to the United 

States, limitations on the times within which, and the purposes 

for which, Revenue Obligation proceeds may be expended, or the 

utilization of specified procedures for accounting for and 

segregating Revenue Obligation proceeds. Any covenant or {J 

agreement made by the Mayor pursuant to this paragraph shall be L* 

set forth in or authorized by an order executed by the Mayor or -^ 

by the execution by the Mayor of the Administrative Resolution. ^j ^. 

SEC. 26. AND BE IT FURTHER ORDAINED, That, the covenants of ^Z r- 

the City contained in this Ordinance shall be for the benefit of ^-^ ^ 

the holders of the Revenue Obligations from time to time and ■— -^ C 

shall be enforceable by such holders, subject to any limitations ^^ 

set forth in the Administrative Resolution. C 



SEC. 28. AND BE IT FURTHER ORDAINED, That, Ordinance No. 
866 (Bill No. 1323) , passed on January 10, 1983 and approved by 
the Mayor on January 14, 1983, shall be superseded by this 
Ordinance, and shall be of no further force and effect, 
immediately upon (i) the discharge of the pledge of the Pledged 

181 



en 



SEC. 27. AND BE IT FURTHER ORDAINED, That, the provisions _ 

of this Ordinance are severable, and if any provision, sentence, ^ 

clause, section or part hereof is held illegal, invalid or 
unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or t- 

inapplicability shall not affect or impair any of the remaining C 

provisions, sentences, clauses, sections or parts of this 
Ordinance or its application to other persons or circumstances. 
It is hereby declared to be the legislative intent that this 
Ordinance would have been adopted if such illegal, invalid or 
unconstitutional provision, sentence, clause, section or part had 

not been included herein, and if the person or circumstances to ^ ^ 

which this Ordinance or any part thereof is inapplicable had been Q^ p 

specifically exempted herefrom. ^jj 



o5 



>^- 



Ord. No. 496 



Amounts as provided in Article IX of the Bond Resolution adopted 
by the Board of Finance on February 10, 1983, as amended, and 
(ii) the discharge of the Pledged Revenues as provided in Article 
VIII of the Bond Resolution (Water Projects) adopted by the Board 
of Finance on June 11, 1987, as amended. No further action, 
other than the discharge provided above, is required to be taken 
in order to implement the provisions of this Section. 

SEC. 29. AND BE IT FURTHER ORDAINED, That, this Ordinance 
shall take effect from the date of its pa ss age enactment . 



Approved May 24, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 96 

(Council Bill No. 1004) 

AN ORDINANCE concerning 

ISSUANCE OF REVENUE BONDS, REVENUE NOTES, 

REFUNDING REVENUE BONDS AND REFUNDING 

REVENUE NOTES (WASTEWATER PROJECTS) 

FOR the purpose of authorizing and providing for the issuance 
from time to time, by Mayor and City Council of Baltimore 
(the "City") of its notes or bonds, designated "Revenue 
Notes (Wastewater Projects) " or "Revenue Bonds (Wastewater 
Projects)", as the case may be, in an aggregate principal 
amount not exceeding seventy-five million dollars 
($75,000,000) pursuant to the provisions of Article 31, 
Section 12 of the Annotated Code of Maryland (1986 
Replacement Volume and 1989 Cumulative Supplement) , as 
amended from time to time, and in accordance with the 
revenue bond authority contained in Article II, Section 50 
of the Charter of Baltimore City (1964 Revision) , as amended 
(the "City Charter") , in order to use the proceeds for the 
public purposes of (a) refunding certain of the City's 
outstanding revenue bonds and revenue notes which were 
issued to finance and refinance capital improvements for 
wastewater facilities of the City, (b) financing, in part, 
certain wastewater facilities of the City, as provided in 
this Ordinance, (c) funding capitalized interest on such 
revenue bonds and revenue notes to the extent deemed 
necessary and in accordance with any limitation on the 
period for such funding established by law, (d) paying the 
Costs of Issuance (as defined in this Ordinance) of such 
revenue notes or revenue bonds and (e) funding any reserve 

182 



Ord. No. 496 

funds, including, without limitation, reserves for such 

revenue bonds and operating reserves, created pursuant to 

this Ordinance or the Administrative Resolution (as defined 

in this Ordinance) (any revenue note issued pursuant hereto, 

including any parity revenue note issued pursuant to any 

ordinance supplemental hereto, is referred to herein as a 

"Revenue Note," and any revenue bond issued pursuant hereto, 

including any parity revenue bond issued pursuant to any 

ordinance supplemental hereto, is referred to herein as a 

"Revenue Bond"; the terms Revenue Note and Revenue Bond are 

further defined in the Recitals to this Ordinance); 

authorizing and providing for the refunding, renewal or 

refinancing of the Revenue Notes or the Revenue Bonds, in 

whole or in part, from time to time by the City by the 

issuance of refunding, renewal or refinancing notes or 

bonds, as the case may be, and authorizing and providing for 

the refunding, renewal or refinancing of any such refunding, 

renewal or refinancing notes or bonds, all in accordance 

with Article II, Section 50 of the City Charter and Article 

31, Section 12 of the Annotated Code of Maryland (1986 

Replacement Volume and 1989 Cumulative Supplement) (any note 

issued pursuant hereto as a refunding, renewal or 

refinancing note, including any parity note issued pursuant ^ 

to any ordinance supplemental hereto, is referred to herein C--^ ^ 

as a "Refunding Revenue Note"; any bond issued pursuant Z- *- 

hereto as a refunding, renewal or refinancing bond, " " 

including any parity bond issued pursuant to any ordinance 

supplemental hereto, is referred to herein as a "Refunding 

Revenue Bond"; and the Refunding Revenue Notes and the ^■"* 

Refunding Revenue Bonds are collectively referred to as the (2i^^ " 

"Refunding Obligations"; the terms Refunding Revenue Note ^-^ 

and Refunding Revenue Bond are further defined in the ig-.."" \ 

Recitals to this Ordinance) ; authorizing the use of the ^!' r 

proceeds of any Refunding Obligations for the public 

purposes of (a) refunding any outstanding Revenue . 

Obligations, including the payment of any redemption premium J^. ' 

thereon, (b) paying the Costs of Issuance (as defined in C 

this Ordinance) of such Refunding Obligations and (c) 

funding any reserve funds for the Refunding Obligations, 

including, without limitation, reserves for the payment of 

interest thereon, and operating reserves, created pursuant 

to this Ordinance or the Administrative Resolution (defined 

herein) ; authorizing the Board of Finance to make various 

determinations by resolution with regard to the terms and 

provisions of the Revenue Notes, the Revenue Bonds, the U- 

Refunding Revenue Notes and the Refunding Revenue Bonds ^: 

(collectively, the "Revenue Obligations"), including the use »•" 

of certain expedited procedures; providing for private ^^ y 

(negotiated) sale of the Revenue Obligations unless the 

Board of Finance shall determine that a particular issue or 

series of Revenue Obligations shall be sold by competitive 

183 









::3 



Ord. No. 496 



bidding; providing that the Revenue Obligations (a) shall be 
payable solely and only from (i) Pledged Revenues (as 
defined in this Ordinance) of the Wastewater Utility of the 
City established in accordance with Article 6, Section 11 of 
the City Charter, and Ordinance No. 941 of the City, 
approved by the Mayor on December 14, 1978, (ii) amounts in 
any funds pledged to the payment of the Revenue Obligations, 
including, without limitation, reserve funds established by 
the Board of Finance for the payment of the principal of, 
premium on, if any, and interest on the Revenue Obligations, 
including investment earnings on any such funds (to the 
extent provided by the Board of Finance), (iii) unexpended 
proceeds of the Revenue Obligations, including investment 
earnings on such proceeds (to the extent provided by the 
Board of Finance), and (iv) other amounts legally available 
therefor (the "Pledged Amounts") , (b) shall not ever 
constitute within the meaning of any constitutional or 
charter provision or otherwise (i) an indebtedness of the 
City or any other political subdivision of the State of 
Maryland or (ii) a charge against the general credit or 
taxing powers of the City and (c) shall not ever constitute 
(directly, indirectly or contingently) an obligation, moral 
or otherwise, of the State of Maryland or of any political 
subdivision thereof, including the City, to levy or pledge 
any form of taxation whatever therefor for their payment; 
pledging the Pledged Amounts to the payment of debt service 
on the Revenue Obligations to the extent provided in the 
Administrative Resolution; authorizing the creation of debt 
service reserve funds, as additional security for the 
payment of the Revenue Obligations (to the extent provided 
by the Board of Finance) , and other reserve funds, as 
determined by the Board of Finance; authorizing the issuance 
of Indebtedness (as defined in this Ordinance) which may (to 
the extent provided by the Board of Finance) be secured by 
the Pledged Amounts, provided that any such claim of such 
Indebtedness to the Pledged Amounts shall be junior and 
subordinate as provided in this Ordinance-rJ. establishing 
certain covenants of the City with respect to the wastewater 
rates and charges to be established and maintained by the 
City from time to time, including, without limitation, the 
covenant to establish and maintain wastewater rates and 
charges at a level sufficient, together with other amounts 
in the Wastewater Operating Fund and available therefor, to 
meet for each Fiscal Year of the City (defined herein) the 
Operating Reguirements of the Utility (defined herein) and 
to assure at least a one hundred and twenty percent (120%) 
coverage from Pledged Revenues (defined herein) of Maximum 
Annual Debt Service on the Revenue Obligations (defined 
herein) ; providing for the disbursement of the proceeds of 
the Revenue Obligations (defined herein) ; authorizing the 
City to borrow on a short term basis, from time to time, 

184 



Ord. No. 496 

pursuant to applicable law, an amount not to exceed an 

amount equal to the amount of Accounts Receivable (defined 

herein) as of the last day of the immediately preceding 

month multiplied by the average Accounts Receivable 

collection rate of the City for the three most recent Fiscal 

Years and providing that such borrowing may be accomplished 

by, among other things, the issuance of Revenue Obligations 

and providing that the amounts so borrowed shall be in 

addition to the amount of Revenue Obligations authorized in 

Section 2 of this Ordinance; authorizing the issuance of any 

Revenue Notes and Refunding Revenue Notes as bond 

anticipation notes pursuant to the Bond Anticipation Note 

Enabling Act (defined herein) and providing for the payment 

of any such Revenue Notes or Refunding Revenue Notes from 

the first proceeds of any Refunding Revenue Bonds issued by 

the City in an amount necessary, together with any other 

available funds, to provide for the payment of the principal 

of and interest on such outstanding notes at maturity, and, 

if any such Revenue Notes or Refunding Revenue Notes are 

issued hereunder, covenanting to issue Refunding Revenue 

Bonds when, and as soon as, the reason for delaying the 

issuance thereof no longer exists; establishing certain 

covenants of the City with respect to the wastewater 

enterprise utility and with respect to the Revenue 

Obligations; providing that the proceeds of the Revenue g^H ^ 

Obligations or any monies which may be deemed to be proceeds ^^^ ^ 

thereof, will not be used in a manner which would cause the 

Revenue Obligations to be arbitrage bonds; providing that 

the Board of Finance may determine by resolution or other w^ 

appropriate action certain other matters pertaining to the C 

issuance, sale or delivery of any series of the Revenue ac: 

Obligations; providing that certain actions may be taken itr 

with respect to the consolidation of the Wastewater Utility ^ 

with the Water Utility of the City and with respect to the 

security for the Revenue Obligations, under certain ■ 

circumstances; providing for the recalculation of Pledged J^ 

Revenues under certain changed circumstances; providing for v.. 

the amendment or supplementation of this Ordinance to 

increase the authorized amount of Revenue Obligations, so *^, 

long as such amendment or supplementation is in accordance ^ 

with this Ordinance, the Administrative Resolution and any \^ 

resolutions of the Board of Finance relating thereto; and 

generally relating to the issuance, sale, delivery and 

payment of all Revenue Obligations. 

RECITALS 

A. For convenience of reference. Mayor and City Council of 
Baltimore, a municipal corporation organized and existing under 
the Constitution and laws of the State of Maryland, is 
hereinafter sometimes referred to as the "City". 

185 






Ord. No. 496 



B. By City Charter amendment and ordinance (both described 
herein) , the City established a separate enterprise system for 
the City's wastewater utility (the "Wastewater Utility") in 
December of 1978. The Wastewater Utility reguire s requires 
capital funding from time to time for improvem.ents to its 
facilities, which funding may come from various sources. The 
City has determined to issue revenue bonds and refunding 
obligations to provide the funding for Wastewater Utility capital 
projects as an important step in the implementation of a fully 
separate, self-sustaining enterprise system as envisioned by the 
Charter of Baltimore City, 1964 Revision, as amended (the "City 
Charter") . The revenue bonds will require and the City Charter 
does require that rates and charges established for the 
Wastewater Utility be maintained at a level permitting the 
Wastewater Utility to operate on a self-supporting basis. This 
Ordinance sets forth the procedure for the issuance of revenue 
bonds in furtherance of this self-supporting concept. 

C. Section 50 ("Section 50") of Article II of the City 
Charter authorizes the City to borrow money to finance 
undertakings for the accomplishment of any of the purposes, 
objects and powers of the City and in connection therewith to 
issue bonds, notes or other obligations (including refunding 
obligations) payable as to both principal and interest solely 
from and secured solely by a pledge of the revenues from or 
arising in connection with the property, facilities, developments 
and improvements whose financing is undertaken by issuance of 
such notes, bonds or other obligations. 

D. Article 31, Section 12 of the Annotated Code of Maryland 
(1986 Replacement Volume and 1989 Cumulative Supplement) (the 
"Bond Anticipation Note Enabling Act") authorizes and empowers 
the City to borrow money in anticipation of the issuance of 
obligations authorized under Section 50 and to evidence such 
borrowing by the issuance and sale of its bond anticipation notes 
in aggregate amount not greater than the authorized amount of the 
obligations in anticipation of the sale of which the notes are 
issued and sold. The Bond Anticipation Note Enabling Act 
provides that such notes shall be payable as to interest and 
principal (except to the extent paid from proceeds of the sale of 
the notes) from the first proceeds of the obligations in 
anticipation of the sale of which such notes are issued. The 
Bond Anticipation Note Enabling Act further authorizes and 
empowers the City to pay up to twelve months' interest on the 
notes from the proceeds of the notes. The Bond Anticipation Note 
Enabling Act authorizes the sale of any notes to be issued 
pursuant to such act by public sale or by private negotiation 
with prospective purchasers, if such negotiated sale is deemed by 
the City to be in the best interest of the City. The Bond 
Anticipation Note Enabling Act authorizes the renewal at maturity 



186 



Ord. No. 496 

of bond anticipation notes issued thereunder, with or without 
resale. 

E. Section 50 and the Bond Anticipation Note Enabling Act 
are together referred to herein as the "Enabling Laws." Subject 
to further definition in Section 1 of this Ordinance, (i) notes 
issued under this Ordinance, including parity notes issued 
pursuant to any ordinance supplemental hereto, are referred to 
herein as "Revenue Notes" or "Refunding Revenue Notes," as the 
case may be; (ii) bonds issued under this Ordinance, including 
parity bonds, issued pursuant to any ordinance supplemental 
hereto, are referred to herein as "Revenue Bonds" or "Refunding 
Revenue Bonds," as the case may be; (iii) the Revenue Notes, the 
Refunding Revenue Notes, the Revenue Bonds and the Refunding 
Revenue Bonds are collectively referred to herein as the "Revenue 
Obligations"; and (iv) the Refunding Revenue Notes and the 
Refunding Revenue Bonds are collectively referred to herein as 
the "Refunding Obligations." 

F. The City proposes to spend a portion of the proceeds of 
the Revenue Notes or the Revenue Bonds to refund certain 
outstanding revenue bonds and revenue notes which were issued to 
finance and refinance capital improvements for wastewater 
facilities in the City. The City proposes to expend the balance 

of the proceeds of the Revenue Notes or the Revenue Bonds, after 2- ^ 

the payment of Costs of Issuance and the creation of necessary ^-" Q 

reserves, including without limitation, debt service reserves and 

operating reserves, for the general public purposes of financing ^ 

the costs of Wastewater Utility capital projects (i) appropriated ^"* "* 

in any past or the current Ordinance of Estimates (as of the date Qj^ ** 

of issuance of any series of Revenue Obligations) , (ii) included, ^^ 

from time to time, in the City's six-year capital program (or ^- ^> 

comparable document, from time to time) , (iii) contained in any ^:" ^ 

supplemental appropriation to the Ordinance of Estimates approved \ 

from time to time by the City Council or (iv) which are the 
subjects of transfers from existing appropriations in the 
Ordinance of Estimates, as approved, from time to time, by the 
Board of Estimates (collectively, the "Financed Facilities") . 
The proceeds of the Revenue Bonds may be used to repay to the 
City amounts expended for the Financed Facilities in anticipation 
of the issuance of the Revenue Obligations. All wastewater 
facilities of the City, including the Financed Facilities, are ?yO "^ 

referred to herein as the "Wastewater Facilities". J^ "* ^ 

G. The City proposes to spend the proceeds of any Refunding U^ • 
Obligations hereby authorized for the general public purposes of ^> ^ 
paying, prepaying, refinancing or restructuring the debt »»*J 
evidenced by the Revenue Notes, the Revenue Bonds or any other J^^ f^ 
Refunding Obligations issued pursuant to this Ordinance, which »— ^ ^ 
repayment may include the payment of any premium on such '*' 
obligations, the payment of Costs of Issuance (as defined in this 

187 






f:. 



Ord. No. 496 



Ordinance) and the creation of reserve funds for the Refunding 
Obligations, including, without limitation, reserves for the 
payment of the Refunding Obligations. 

H. Section 50 confers upon the Board of Finance of the City 
(as successor to the Commissioners of Finance of the City) 
certain powers in connection with Revenue Obligations issued 
pursuant thereto, including, without limitation, the power to 
determine the form or forms of obligations, the date of the 
Revenue Obligations issued at any particular time, the right of 
redemption of the Revenue Obligations prior to maturity, if any, 
and the rate or rates of interest to be borne by the Revenue 
Obligations . 

I. Article 6, Section 11 of the City Charter provides that 
the Wastewater Utility shall be conducted as a separate self- 
sustaining enterprise and that the City shall have adopted by 
January 1, 1979 an ordinance or ordinances as may be necessary or 
desirable to implement the provisions of such Section 11. On 
December 12, 1978 the City Council adopted Ordinance No. 941, 
approved by the Mayor on December 14, 1978, providing for the 
implementation of a separate enterprise system for the Wastewater 
Utility. 

J. In addition to any Revenue Obligation proceeds which may 
be available for the payment of one or more series of Revenue 
Obligations, the Revenue Obligations shall be payable solely and 
only from (i) Operating Revenues of the Utility (defined herein) 
arising from the increase in Rates and Charges (defined herein) 
established by the City from time to time over those Rates and 
Charges established by the City as of June 30, 1979 (the "Pledged 
Revenues") , (ii) amounts in any funds pledged to the payment of 
the Revenue Obligations, including without limitation, any 
reserve funds established by the Board of Finance for the payment 
of the principal of, premium on, if any, and interest on the 
Revenue Obligations, including investment earnings on any such 
funds (to the extent provided by the Board of Finance) , (iii) 
unexpended proceeds of the Revenue Obligations, including 
investment earnings on such proceeds (to the extent provided by 
the Board of Finance), and (iv) other amounts legally available 
therefor; provided, however, that if after the date of issuance 
of any series of Revenue Obligations, the method of setting Rates 
and Charges which was utilized as of June 30, 1979 is changed by 
the City (the "New Method"), the Pledged Revenues for any period 
shall be the Operating Revenues of the Utility arising from the 
increase in Rates and Charges established by the City under the 
New Method over those Rates and Charges which would have been 
established by the City as of June 30, 1979 had the City applied 
the New Method as of June 30, 1979; provided further, however, 
that the New Method shall be applied only to the extent that such 
application does not result in any breach of the rate 

188 



Ord. No. 496 

requirements, as of the date of such application, as provided in 
the Administrative Resolution (defined herein) . 

K. The Revenue Obligations shall not ever constitute within 
the meaning of any constitutional or charter provision or 
otherwise (i) an indebtedness of the City or any other political 
subdivision of the State of Maryland or (ii) a charge against the 
general credit or taxing powers of the City. The issuance of the 
Revenue Obligations is not directly or indirectly or contingently 
an obligation, moral or otherwise, of the State of Maryland or of 
any political subdivision thereof, including the City, to levy or 
pledge any form of taxation whatever therefor for their payment. 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That, in addition to any other terms defined elsewhere 
in this Ordinance, the following terms shall have the following 
meanings in this Ordinance: 

"Accounts Receivable" means the accounts receivable of the 
Wastewater Utility determined in accordance with generally 

accepted accounting principles, as reflected in the financial tf. 

statements of the Wastewater Utility. \x 

"Administrative Resolution" means, collectively, the C^ D 

resolution or resolutions adopted by the Board of Finance ^^ ^ 

pursuant to this Ordinance. ^Z ^ 

"Balloon Indebtedness" means Indebtedness 25% or more of the 
principal amount of which matures in the same 12 month period, 
which portion of such principal amount is not required by the 
documents governing such Indebtedness to be amortized by 
redemption prior to such period. Optional Tender Indebtedness 
shall not be deemed to constitute Balloon Indebtedness solely by 
reason of the option of the holder thereof to require the 
redemption or purchase thereof or any required purchase or 
redemption thereof in connection with any termination of any 

Credit Facility securing such Optional Tender Indebtedness prior C 

to the stated maturity thereof. 



—JC 



V- 



C/O- 



"Capital Receipts of the Utility" means all receipts 
deposited in the Wastewater Capital Fund of the Wastewater 
Utility or any fund for capital projects created pursuant to the 
Administrative Resolution, including, without limitation, 
revenues, receipts from federal grants. State of Maryland grants, 
county grants (including contributions for service) , private \^ 

grants, State of Maryland loans. City general obligation loan ^> ^ 

funds, proceeds of the Revenue Obligations and all other receipts ^^— 

dedicated to particular capital projects of the Wastewater ^^ y 

Utility. O *- 

189 



Ord. No. 496 



"Costs of Issuance" means the costs of issuing any series of 
Revenue Obligations, including, without limitation, costs of 
engraving, printing, advertising, attorneys fees, underwriting 
discount, placement fees, consultants fees, bond insurance fees, 
rating agency fees, initial fees for letters of credit or lines 
of credit, initial fees of the Trustee and all other incidental 
expenses connected therewith. 

"Credit Facility" means any Liquidity Facility, letter of 
credit, bond insurance policy, bond purchase agreement, guaranty, 
line of credit, surety bond or similar credit or liquidity 
facility securing any Revenue Obligation or other Indebtedness of 
the City. 

"Credit Facility Agreement" means the agreement pursuant to 
which any Credit Facility is issued. 

"Debt Service Requirements" means, when used with respect to 
any Indebtedness for any Fiscal Year or bond year established by 
the Board of Finance in the Administrative Resolution (the "Bond 
Year") (as the case may be), as of any particular date of 
calculation, the amount required to pay the sum of (a) the 
interest on such Indebtedness payable during the period from the 
second day of such Fiscal Year or Bond Year (as the case may be) 
through the first day of the immediately succeeding Fiscal Year 
or Bond Year (as the case may be) , and (b) the principal of, the 
sinking fund installment for and any other amount required to 
effect any mandatory redemption of such Indebtedness, if any, 
during the period from the second day of such Fiscal Year or Bond 
Year (as the case may be) through the first day of the 
immediately succeeding Fiscal Year or Bond Year (as the case may 
be) , less any amount of such interest or principal for the 
payment of which moneys or investment obligations authorized by 
the Administrative Resolution, the principal of and interest on 
which when due will provide for such payment, are irrevocably 
held in trust, including (without limitation) any accrued 
interest and capitalized interest held by the Trustee for such 
purpose. For the purpose of calculating the Debt Service 
Requirements: 

(i) with respect to any Variable Rate Indebtedness: 

(A) for the purpose of calculating any debt service reserve 
fund requirement for any Revenue Obligations or other 
Indebtedness established by the Board of Finance in the 
Administrative Resolution (the "Debt Service Reserve Fund 
Requirement") and the principal amount of Balloon Indebtedness 
constituting Variable Rate Indebtedness payable in any Fiscal 
Year or Bond Year described in clause (ii) (D) below, such 
Indebtedness shall be deemed to bear interest at the fixed rate 
that it would have borne had it been issued at a fixed rate for 

190 



Ord. No. 496 

the term thereof, as evidenced by a certificate of an authorized 
officer of the City designated pursuant to the Administrative 
Resolution (the "Authorized Officer") and a certificate of an 
investment banking firm or financial advisor knowledgeable in 
financial matters relating to the City who may be, without 
limitation, the financial advisor to the City, confirming such 
interest rate assumption as reasonable; and 

(B) for all other purposes of this Ordinance, such Variable 
Rate Indebtedness shall be deemed to bear interest at an annual 
rate equal to (1) in the case of any period during which such 
Indebtedness shall have been outstanding, 110% of the weighted 
average interest rate per annum borne by such Indebtedness during 
such period and (2) in any other case, the Revenue Bond Index of 
30 year revenue bonds published in the Bond Buyer on the most 
recent date prior to the date of calculation (or, if such index 
is no longer published, such other index of revenue bonds as 
shall be set forth in a certificate of an Authorized Officer of 
the City) ; and 

(ii) with respect to any Balloon Indebtedness; tj 

U 

(A) unless such Indebtedness meets the requirements of , "^ 
clause (ii) (B) , (ii)(C), (ii)(D) or (v) below, the principal ^} 0- 
amount of such Indebtedness shall be deemed to be payable during •^^ cT 
the Fiscal Year or Bond Year in which such principal amount ^^" r» 
becomes due, except as provided in clause (ii) (E) below; "^^. 

(B) if a Liquidity Facility is then in effect with respect ^* ^ 
to such Indebtedness, at the election of the City, the principal ("V^ ^^ 
amount of such Indebtedness payable in each Fiscal Year or Bond 

Year as of any date of calculation may be deemed to be the amount ^~ 

that would be payable during such Fiscal Year or Bond Year (as ^ ' r 

the case may be) pursuant to the Credit Facility Agreement under 

which such Liquidity Facility was issued (including any term loan . 

provisions thereunder) if such Liquidity Facility were used or ^ 

drawn upon to purchase or retire such Indebtedness on the stated C 

maturity date thereof or on any date established for the 

mandatory redemption thereof, less the aggregate amount required .^ 

to be on deposit in any irrevocable sinking fund established to 

provide for the payment of such Indebtedness in accordance with 

clause (ii) (C) below during such Fiscal Year or Bond Year (as the 

case may be) , except as provided in clause (ii) (E) below; 



tire 



(C) if (I) pursuant to the Administrative Resolution or any U^ 

other resolution of the City, an irrevocable sinking fund shall 
have been established to provide for the payment of such 
Indebtedness when due, (2) deposits to such sinking fund are 
current and timely and (3) verification of such timely deposits 
is contained in the most recent audited financial statements of 
the City or a letter to the City from an independent certified 

191 



Ord. No. 496 



public accountant, then the principal amount of such Indebtedness 
payable in each Fiscal Year or Bond Year (as the case may be) 
shall be deemed to be the amount required to be deposited in such 
sinking fund for such Fiscal Year or Bond Year (as the case may 
be), except as provided in clause (ii) (E) below; 

(D) except as provided in clause (ii) (C) above and clauses 
(ii)(E) or (V) below, in the case of any Balloon Indebtedness in 
an aggregate principal amount that, together with the aggregate 
principal amount of Outstanding Optional Tender Indebtedness 
described in clause (iii)(C) below, does not exceed 20% of the 
Pledged Revenues for the most recent Fiscal Year for which 
audited financial statements of the City are available, at the 
election of the City, the principal amount of such Indebtedness 
payable in each Fiscal Year or Bond Year (as the case may be) may 
be deemed to be the amount that would be payable during such 
Fiscal Year or Bond Year (as the case may be) if such 
Indebtedness were required to be amortized in full from the date 
of its issuance or, in the case of any such Indebtedness issued 
to finance or refinance any Financed Facilities, at the option of 
the City, a date on or before the completion of such Financed 
Facilities, in substantially equal annual installments of 
principal (such principal to be rounded to the nearest $5,000) 
and interest over a term equal to the shorter of (1) 30 years and 
(2) 120% of the weighted average economic life of the Financed 
Facilities, as evidenced by a certificate of an independent 
certified public accountant; provided, however, that if any 
principal amount of such Indebtedness is stated to mature or is 
unconditionally subject to mandatory redemption within the 12- 
month period immediately succeeding the date of calculation, then 
such principal amount shall be deemed to be payable on the stated 
maturity date thereof or on the date established for the 
mandatory redemption thereof; and 

(E) for purposes of calculating the Debt Service Reserve 
Fund Requirement for any Revenue Obligations or other 
Indebtedness, the principal amount of such Indebtedness payable 
in each Fiscal Year or Bond Year shall be determined in 
accordance with clause (ii) (D) above without regard to the 
aggregate principal amount of such Indebtedness outstanding from 
time to time; 

(iii) with respect to any Optional Tender 
Indebtedness: 

(A) unless such Indebtedness meets the requirements of 
clause (iii)(B), (iii)(C) or (v) below, the principal amount of 
such Indebtedness payable in each Fiscal Year or Bond Year as of 
any date of calculation shall be deemed to be the principal 
amount of such Indebtedness that could be payable by the City 
during such Fiscal Year or Bond Year (as the case may be) in 

192 



Ord. No. 496 

connection with any demand for the purchase or redemption of such 
Indebtedness by any holder thereof or any termination of any 
Credit Facility securing such Indebtedness, except as provided in 
clause (iii) (D) below; 

(B) if a Liquidity Facility is then in effect with respect 
to such Indebtedness, at the election of the City, the principal 
amount of such Indebtedness payable in each Fiscal Year or Bond 
Year as of any date of calculation may be deemed to be the amount 
that would be payable during such Fiscal Year or Bond Year (as 
the case may be) pursuant to the Credit Facility Agreement under 
which such Liquidity Facility was issued (including any term loan 
provisions thereunder) if such Liquidity Facility were used or 
drawn upon to purchase or retire such Indebtedness on the 
earliest date on which such Indebtedness may be required to be 
purchased or redeemed at the option of the holder thereof or in 
connection with any expiration of any Credit Facility securing 
such Indebtedness, except as provided in clause (iii) (D) below; 

(C) except as provided in clause (iii)(D) below, in the case 

of any Optional Tender Indebtedness in an aggregate principal (f. 

amount that, together with the aggregate principal amount of ^ 

Outstanding Balloon Indebtedness described in clause (ii) (D) — ' 

above, does not exceed 20% of the Pledged Revenues of the City ^I!i C^ 

for the most recent Fiscal Year for which audited financial ^ ^ ^ 

statements of the City are available, the principal amount of ^i* Cl 

such Indebtedness payable in each Fiscal Year or Bond Year (as ^- "^ 

the case may be) may be determined in accordance with clause (ii) ■—■J U- 

(D) above as if such Optional Tender Indebtedness were Balloon ^- ^ 

Indebtedness; and CifL *^ 

^^.^ 

(D) for purposes of calculating the Debt Service Reserve ^Z ' 
Fund Requirement for any Revenue Obligations or other ^'; 'r 
Indebtedness, the principal amount of such Indebtedness payable ^ 
in each Fiscal Year or Bond Year (as the case may be) shall be 
determined in accordance with clause (iii) (C) above without 
regard to the aggregate principal amount of such Indebtedness 
outstanding from tim.e to time; 

(iv) with respect to any Credit Facility Agreement, except 
as provided in clauses (ii) (B) and (iii) (B) above, so long as no 
demand for payment under the Credit Facility issued under such 

Credit Facility Agreement shall have been made, the debt service ^ 

requirements of such Credit Facility Agreement shall be excluded O 

from such calculation, and l^.- 

^^ 

(V) with respect to any (a) Revenue Note the initial stated ^^ 

maturity of which is equal to or less than 36 months from the 
date of issuance (and one or more series of Revenue Notes issued 
in order to refund any such Revenue Notes) or (b) Indebtedness 
other than Revenue Obligations, the principal amount of such 

193 



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Ord. No. 496 



Indebtedness payable in each Fiscal Year or Bond Year as of any 
date of calculation shall be deemed to be the amount that would 
have been payable during such Fiscal Year or Bond Year (as the 
case may be) if such Indebtedness were required to be amortized 
in full from the date of its issuance or, in the case of any such 
Indebtedness issued to finance or refinance any Financed 
Facilities, at the option of the City a date on or before the 
completion of such Financed Facilities, in substantially equal 
annual installments of principal (such principal to be rounded to 
the nearest $5,000) and interest over a term equal to the shorter 
of (1) 30 years and (2) 120% of the weighted average economic 
life of the Financed Facilities, as evidenced by a certificate of 
an independent certified public accountant. 

"Extraordinary Capital Requirement" means, for any Fiscal 
Year, the amount of appropriation authority in the Wastewater 
Utility capital budget portion of the Ordinance of Estimates for 
such Fiscal Year necessary for non-recurring, unanticipated, 
major capital expenditures related to the maintenance or repair 
of the Wastewater Facilities during such Fiscal Year and not 
otherwise provided for in the Wastewater Utility operating or 
capital budget portion of the Ordinance of Estimates, but in any 
event, not less than two and one-half percent (2 1/2%) of the 
estimated Operating Revenues of the Utility for such Fiscal Year 
as set forth in the budget for such Fiscal Year. 

"Fiscal Year" means the 12-month period commencing on July 1 
of any calendar year and ending on June 3 of the succeeding 
calendar year, or. any other fiscal year established by the City 
from time to time. 

"Indebtedness" means any indebtedness or liability for 
borrowed money, any installment sale obligation or any obligation 
under any Lease that is capitalized under generally accepted 
accounting principles, in each case which the City may by law or 
contract be obligated to pay from the Wastewater Operating Fund 
with respect to the Wastewater Utility. 

"Lease" means any financing lease, sale leaseback or similar 
transaction. 

"Liquidity Facility" means a written commitment to provide 
money to purchase or retire any Indebtedness if (i) on the date 
of delivery of such Liquidity Facility, the unsecured 
indebtedness of the provider of such Liquidity Facility is rated 
by any two rating agencies in one of the two highest rating 
categories and (ii) as of any particular date of determination, 
not more than 10% of any amount realized under such Liquidity 
Facility for the payment of the principal or the purchase or 
redemption price of such Indebtedness (exclusive of amounts 
realized for the payment of accrued interest on such 
Indebtedness) shall be required to be repaid by the City within 
the succeeding 12-month period. 

194 



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Ord. No. 496 

"Maximum Annual Debt Service" means, when used with 
reference to any Revenue Obligations for any Bond Year or Fiscal 
Year, as of any particular date of computation, the greatest 
amount required in the then current or any future Bond Year or 
Fiscal Year, respectively, to pay the Debt Service Requirements 
of such Revenue Obligations. 

"Operating Requirements of the Utility" means, for any 
period, the amount of money necessary to meet (i) all operating 
expenses of the Wastewater Utility, exclusive of depreciation; 
(ii) the Debt Service Requirements with respect to Indebtedness; 
(iii) all amounts necessary to maintain the Operating Reserve; 
(iv) all amounts payable to any reserve funds established herein 
for the payment of the Revenue Obligations or other Indebtedness ; 
(V) all amounts necessary to maintain the Ordinary Capital 
Requirement; (vi) all amounts necessary to maintain the 
Extraordinary Capital Requirement for such period; (vii) all 
amounts necessary to fund appropriations for specific capital 
projects to the extent that such projects are expected to be paid 
from Operating Revenues of the Utility; (viii) all amounts 
necessary to compensate the Wastewater Utility for any operating 

deficit from the previous Fiscal Year or Years; (ix) all payments U- 

of principal, premium, if any, and interest on the City's general 
obligation bonds issued to provide the Wastewater Facilities; and 
(X) all other amounts which the City may by law or contract be 12- ^ 

obligated to pay from the Wastewater Operating Fund with respect ^^ ^ 

to the Wastewater Utility. "] p. 

"Operating Reserve" means all amounts determined by the City P^* ^ 

to be adequate operating reserves for the Wastewater Utility but QX!L ** 

in any event no less than four percent of the operating expenses ^e^C 

of the Wastewater Utility shown on the budget of the Wastewater le^— ^ 

Utility for the period of calculation, exclusive of depreciation. ^^ ^ 

"Operating Revenues of the Utility" means all income, m. ^ 

revenue, receipts and other moneys deposited in the Wastewater ^T^ 

Operating Fund of the Wastewater Utility, including, without Qm-y 

limitation, all amounts derived by the City from the ownership L> 

and operation of the Wastewater Utility and all accounts, general 
intangibles and contract or other rights to receive the same, and 
the proceeds thereof, but exclusive of Capital Receipts of the 
Utility. 

"Optional Tender Indebtedness" means any Indebtedness that 
is subject to optional or mandatory tender by the holder thereof 
(including, without limitation, any mandatory tender in 
connection with the expiration of any Credit Facility securing 
such Indebtedness) for purchase or redemption prior to the stated 
maturity date thereof if the purchase or redemption price of such 
Indebtedness is under any circumstances payable from the 
Wastewater Operating Fund with respect to 'the Wastewater Utility. 

195 



Ord. No. 496 



"Ordinary Capital Requirement" means, for any period, the 
amount of appropriation authority included in the Wastewater 
Utility capital budget portion of the Ordinance of Estimates as 
deemed necessary for the payment of normal recurring capital 
costs related to the renewing, improving, rebuilding or extending 
of the Wastewater Facilities during such period and expected to 
be provided from current Operating Revenues of the Utility; 
provided, however, that if as of June 30 of any Fiscal Year there 
shall be an amount credited to any capital reserve account within 
the Wastewater Utility which shall not have been allocated for 
payment of the cost of a specific capital project of the 
Wastewater Utility, then as of such date the Ordinary Capital 
Requirement shall be reduced for such Fiscal Year by such amount. 

"Rates and Charges" means the rates and charges assessed or 
established by the Board of Estimates in accordance with Article 
29, Sections 21 and 21A of the City Code, as amended from time to 
time, for the supply and use of wastewater for any purpose and at 
any point in or outside Baltimore City, either by meter, fixed 
charge or otherwise. 

"Rate Requirements" means those requirements for the 
establishment of Rates and Charges as set forth in Section 8 of 
this Ordinance. 

"Trustee" means the bank, trust company or national banking 
association appointed pursuant to the Administrative Resolution 
as trustee for any Revenue Obligations. 

"Variable Rate Indebtedness" means Indebtedness the interest 
rate on which is not established at a fixed rate or rates for the 
remaining term thereof, including notes in the nature of 
commercial paper. 

"Wastewater Capital Fund" means the fund of the City to 
which Capital Receipts of the Wastewater Utility are credited. 

"Wastewater Facilities" means all wastewater facilities of 
the City, including the Financed Facilities. 

"Wastewater Operating Fund" means the fund of the City to 
which Operating Revenues of the Wastewater Utility are credited. 

"Wastewater Utility" means the wastewater utility conducted 
as a separate enterprise pursuant to Article VI, Section 11 of 
the City Charter. 

"Water Utility" means the water utility conducted as a 
separate enterprise pursuant to Article VI, Section 11 of the 
City Charter. Gcction 2. And be it further ordained, — That t 



196 



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Ord. No. 4 96 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

A. The issuance, sale and delivery of an aggregate principal 
amount of Revenue Obligations not exceeding seventy-five million 
dollars ($75,000,000) is hereby authorized for the general public 
purposes of financing or refinancing the cost of the Financed 
Facilities and repaying the City for amounts expended on Financed 
Facilities in anticipation of the issuance of the Revenue 
Obligations. This maximum amount may consist of (i) Revenue 
Notes, (ii) Revenue Bonds, (iii) Refunding Revenue Notes, (iv) 
Refunding Revenue Bonds, and (v) any combination of items (i) to 
(iv), inclusive, above. Any Refunding Obligations issued 
hereunder to refund any Revenue Obligations previously issued 
hereunder shall replace that portion of the authorized amount of 
Revenue Obligations previously issued and shall not be deemed to 
reduce the maximum authorized amount of Revenue Obligations 
permitted to be issued hereunder. In addition, (i) the payment 
of the principal of any Revenue Obligations previously issued, 
whether at maturity, upon redemption or otherwise, (ii) the 
purchase and cancellation of any Revenue Obligations or (iii) the 
provision for the payment of the principal of any Revenue 

Obligations in a manner which makes such Revenue Obligation no U; 

longer outstanding in accordance with the terms of the 
Administrative Resolution shall restore the principal amount of 
Revenue Obligations authorized to be issued hereunder by an I^- ^ 

amount equal to the principal amount of Revenue Obligations so ^^ ^ 

paid, purchased and cancelled or otherwise provided for. The j p 

amount of any Credit Facility and any Revenue Obligation issued ^"^ J^ 

to evidence the indebtedness for borrowed money or the liability r^* ^ 

for such Credit Facility, shall not be deemed to reduce the Q- 

maximum authorized amount of Revenue Obligations permitted to be i^(^ 

issued hereunder. In connection with the issuance of capital ,— - ^ 

appreciation Revenue Obligations, compound interest Revenue g^ ^ 

Obligations or similar types of Revenue Obligations, the ^ 

principal amount of such Revenue Obligations issued pursuant to . . ^ 

this Ordinance, for purposes of determining the remaining J^IT ^ 

authorized amount of Revenue Obligations permitted to be issued ^-/ 

hereunder, shall be the principal amount of such Revenue ^ 

Obligations outstanding on the date of issuance thereof. *m^^ ^ 

B. The proceeds of the Revenue Notes or Revenue Bonds, as J^^ ^ 
the case may be, shall be used for the purposes described in ^Q '^ 
Section 3 of this Ordinance. The proceeds of any Refunding V^^ -^ 
Obligations shall be used for the purposes described in Section 3 "^x C 
of this Ordinance. The Revenue Notes, the Revenue Bonds or the LJ-J r^ 
Refunding Obligations, as the case may be, may be issued in one ^3* 

or more series, and each such series shall be identified by a ^^ 

year and a letter designation, so that the first series in the ^^ f^ 

year 1990 (if the issuance of more than one series of notes or p^-^ ^ 

bonds hereunder is then contemplated and if issued in the year '*' 
1990) shall be designated "Revenue Notes (Wastewater Projects) , 

197 



Ord. No. 496 



Series 1990-A", "Revenue Bonds (Wastewater Projects), Series 
1990-A"; "Refunding Revenue Notes (Wastewater Projects), Series 
1990-A"; or "Refunding Revenue Bonds (Wastewater Projects), 
Series 1990-A", unless another designation is determined in the 
Administrative Resolution. The aggregate principal amount of 
Revenue Obligations to be issued pursuant to this Ordinance at 
any one time shall be determined by the Board of Finance in the 
Administrative Resolution. 

SEC. 3. AND BE IT FURTHER ORDAINED, That: 

A. The net proceeds from the sale of the Revenue Notes or 
Revenue Bonds, as the case may be, authorized to be issued and 
sold by this Ordinance, shall be used and applied for the public 
purposes of (i) refinancing the City's outstanding revenue bonds 
and revenue notes which were issued to finance or refinance 
capital improvements for wastewater facilities of the City; (ii) 
financing, in part, the cost of the Financed Facilities (either 
directly or by repayment to the City, as provided in this 
Ordinance); (iii) funding capitalized interest on any Series of 
Revenue Notes or Revenue Bonds to the extent deemed necessary (as 
provided by the Board of Finance) and in accordance with any 
limitation on the period for such funding established by law; 
(iv) paying the Costs of Issuance of any Series of Revenue Notes 
or Revenue Bonds; and (v) funding any reserve funds, including, 
without limitation, reserves for the Revenue Notes or Revenue 
Bonds and operating reserves (to the extent provided by the Board 
of Finance) , created pursuant to this Ordinance and the 
Administrative Resolution. 

B. The net proceeds from the sale of the Refunding 
Obligations authorized to be issued and sold by this Ordinance, 
shall be used and applied for the public purposes of (i) 
refinancing, restructuring, refunding or renewing, in whole or in 
part, from time to time, any outstanding Revenue Notes, Revenue 
Bonds and Refunding Obligations, or other Indebtedness, including 
the payment of any redemption premium thereon; (ii) paying any 
redemption premium in connection with obligations being 
refinanced or refunded from the proceeds of the Refunding 
Obligations; (iii) paying the Costs of Issuance of any series of 
Refunding Obligations; and (iv) funding any reserve funds for the 
Refunding Obligations, including, without limitation, reserves 
for the payment of the Refunding Obligations and any Operating 
Reserves (to the extent provided by the Board of Finance) , 
created pursuant to this Ordinance and the Administrative 
Resolution. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

A. The City finds and determines that: (a) the Board of 
Finance, being primarily responsible for the issuance and sale of 

198 



Ord. No. 496 

the City's certificates of indebtedness, has the expertise and 
experience necessary to be primarily responsible for the 
determination of matters set forth herein to be within its 
jurisdiction. The market for Revenue Obligations of the City may 
change from time to time from those conditions at the time of 
issuance of the Revenue Notes or the Revenue Bonds and it is in 
the best interest of the City to grant broad authority and 
flexibility to the Board of Finance in connection with the 
issuance of any Revenue Obligations. 

(b) The existence of a growing market for tax-exempt 
obligations (i) structured in the form of short term commercial 
paper, (ii) structured as bond anticipation notes or refunding 
notes, (iii) tied to an interest rate or rates that vary with a 
defined or stated indicator or index or combinations thereof, 
(iv) utilizing zero coupon bonds or compound interest bonds, (v) 
issued in connection with a sale lease-back transaction or a 
financing lease, (vi) utilizing letters of credit or lines of 
credit and (vii) otherwise structured in a form then responsive 

to the market, necessitates the establishment of procedures which ^ 

permit the City to utilize such a market for its obligations in C/* 

addition to the traditional tax-exempt markets. (The structures tk 

contemplated in this paragraph are referred to herein as the ^.^ JT 

"Market Structures".) C-^ ^ 

B. Prior to the delivery of any Series of Revenue ^^ ^ 

Obligations, the Board of Finance shall adopt the Administrative "^J r 

Resolution, which shall prescribe, subject to the Enabling Laws, "i-*"^ J^ 

(i) the principal amount of Revenue Obligations to be issued as a 5^* 

series at any one time, (ii) the date of issue of the series of Ct^ 

Revenue Obligations, (iii) the interest rate or rates to be borne ^[^ 

by the series of Revenue Obligations, or the method by which such ,g-.- ^ 

interest rate or rates shall be computed, including the ^^ Q 






^-' 



establishment of limitations an the interest rate or rates. 

beyond which further approvals of the Board of Finance are 

required, (iv) the time periods and method of payment of interest ^^^ 

on the series of Revenue Obligations, (v) the redemption C^ 

provisions, if any, for the series of Revenue Obligations, (vi) ^ 

the maturity or maturities of the Series of Revenue Obligations, 

(vii) the denomination or denominations of any Revenue 

Obligations, (viii) the form, use of registration and mechanics 

for payment of the Revenue Obligations, and (ix) any other terms 

necessary or appropriate to reflect any matters provided in the 

Administrative Resolution. 

C. The City hereby determines that under facts and 
circumstances now existing, it is in the best interest of the 
City to provide for the sale of the Revenue Obligations by 
private negotiation, unless the Board of Finance shall determine 
that a particular issue or series of Revenue Obligations shall be 
sold by competitive bidding. The Board of Finance is hereby 

199 



Ord. No. 496 



authorized to determine whether a particular issue or series of 
Revenue Obligations shall be sold by competitive bidding and any 
such determination shall be set forth in the Administrative 
Resolution for any such issue or series of Revenue Obligations. 

D. The Board of Finance is hereby authorized to adopt a 
master resolution under which procedures are established to 
facilitate the prompt determination and approval of one or more 
of the matters set forth above. Such procedures may include 
telephonic approval and subsequent telegraphic or written 
confirmation of one or more of such matters by a designated 
officer of the City if prescribed guidelines or parameters set 
forth in the master resolution or any amendment thereto are not 
exceeded. 

E. The Board of Finance is further authorized to establish 
a procedure whereby a variable or floating rate or rates can be 
utilized for any series of Revenue Obligations, and to establish 
any necessary relations with a commercial bank or other 
appropriate institution to facilitate the payment of Revenue 
Obligations, including (without limitation) the use of general or 
standby letters of credit, lines of credit, bond insurance, 
demand features, loan agreements, credit facilities, liquidity 
facilities, backup loan arrangements or notes or similar 
arrangements. 

F. The Board of Finance is further authorized to take such 
further or additional actions as are needed to permit the 
utilization of any of the Market Structures in connection with, 
the issuance of any series of Revenue Obligations, including 
(without limitation) , by Administrative Resolution, to approve 
all terms and provisions of any Credit Facilities and Credit 
Facility Agreements in connection with the issuance of Revenue 
Obligations and to provide, among other things, the terms for 
repayment of any amounts drawn under any such Credit Facility and I 
that any provider of any such Credit Facility shall be subrogated i 
to the rights of the holders of such Revenue Obligations in 
connection with any amounts advanced under any such Credit 
Facility or that the provider of any such Credit Facility shall 
otherwise have a claim to the Pledged Amount equal to the claim 

of the holders of such Revenue Obligations, and any such 
Administrative Resolution may provide for the issuance of Revenue 
Obligations in order to evidence any such claim. 

G. The Administrative Resolution shall be deemed to be of 
an administrative nature and shall take effect on and from the 
date of its passage. 

SEC. 5. AND BE IT FURTHER ORDAINED, That: 



200 



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Ord. No. 496 

A. The payment of the principal of, premium on, if any, 
and interest on, and the purchase price of, the Revenue 
Obligations, and, to the extent provided in the Administrative 
Resolution, amounts owing to the provider of any Credit Facility 
securing any Revenue Obligations, (a) shall be payable solely and 
only from (i) Pledged Revenues, (ii) amounts in any funds pledged 
pursuant to the terms of the Administrative Resolution to the 
payment of the Revenue Obligations, including, without 
limitation, any reserve fund established by the Board of Finance 
for payment of the principal of, premium on, if any, and interest 
on the Revenue Obligations, including any investment earnings on 
any such funds (to the extent provided by the Board of Finance) , 
(iii) unexpended proceeds of the Revenue Obligations, including 
investment earnings on such proceeds (to the extent provided by 
the Board of Finance) , and (iv) other amounts legally available 
therefor (collectively, the "Pledged Amounts") and (b) shall not 
ever constitute within the meaning of any constitutional or 
charter provision or otherwise (i) an indebtedness of the City or 
any other political subdivision of the State of Maryland or (ii) 
a charge against the general credit or taxing powers of the City. 
The issuance of the Revenue Obligations shall not constitute 

(directly, indirectly or contingently) an obligation, moral or l^ 

otherwise, of the State of Maryland or of any political 
subdivision thereof, including the City, to levy or pledge any 
form of taxation whatever for their payment. I2^ ^ 

B. The Pledged Amounts are hereby pledged by the City to j q 
secure the repayment of the principal of, premium on, if any, and J^^ ^ 
interest on, and the purchase price of, the Revenue Obligations P^* ^^ 
and, to the extent provided in the Administrative Resolution, D^- 
amounts owing to the provider of any Credit Facility securing ae^^ , 
such Revenue Obligations; provided, however, that the pledge of b:^— ^- 
the Pledged Amounts made hereby to the payment of the principal ^^ p 
of, premium on, if any, and the purchase price of, any Revenue ^ 
Notes and Refunding Revenue Notes, and to the reimbursement of 
the provider of any Credit Facility securing the payment of such 
amounts, shall, to the extent and in the manner provided in the 
Administrative Resolution, be junior and subordinate to the 
pledge of the Pledged Amounts to the payment of the principal of, 
premium on, if any, and interest on, and the purchase price of, 
Revenue Bonds and Refunding Revenue Bonds and the interest on 
Revenue Notes and Refunding Revenue Notes, and the reimbursement 
of the provider of any Credit Facility securing the payment of 
such amounts. The authorization provided by this Ordinance to 
issue Revenue Obligations shall include the authorization to 
issue any Indebtedness or to enter into any Leases, for any valid 
public purpose related to the Wastewater Utility, which 
Indebtedness or Leases, and any Credit Facilities or Credit 
Facility Agreements entered into in connection therewith, if so 
determined by the Board of Finance in the Administrative 
Resolution, may be secured by a pledge of the Pledged Amounts, 

201 






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Ord. No. 496 



provided that such pledge shall, to the extent and in the manner 
provided in the Administrative Resolution, be junior and 
subordinate to the pledge of the Pledged Amounts to secure the 
payment of the principal of, premium on, if any, and interest on, 
and the purchase price of, Revenue Bonds and Refunding Revenue 
Bonds and interest on Revenue Notes and Refunding Revenue Notes 
and the reimbursement of the provider of any Credit Facility 
securing the payment of such amounts. Any such Indebtedness or 
Leases may, subject to any further requirements of the Board of 
Finance in the Administrative Resolution, the City Charter or 
other applicable law, be approved, secured, sold, executed and 
delivered and the proceeds thereof may be disbursed, in the 
manner provided in this Ordinance for Revenue Obligations, and 
the authorization under this Ordinance for the Board of Finance 
to issue Revenue' Obligations for the purposes and in the manner 
set forth herein shall apply with the same force and effect to 
the issuance, assumption or entering into of any such 
Indebtedness or Leases. Any covenants made in this Ordinance for 
the benefit of the holders of Revenue Obigations shall also be 
deemed to be made for the benefit of the holders of any such 
Indebtedness or Leases from time to time and shall be enforceable 
by such holders, subject to any limitations set forth in the 
Administrative Resolution. The principal amount of such 
Indebtedness or Leases, and any Credit Facilities issued in 
connection therewith, shall be counted towards the maximum amount 
of Revenue Obligations authorized to be issued under this 
Ordinance, to the extent and in the manner provided in Section 2 
of this Ordinance with respect to Revenue Obligations. 

C. The City represents and warrants that the Pledged 
Amounts are and will be free and clear of any pledge, lien, 
charge or encumbrance thereon or with respect thereto prior to, 
or of equal rank with, the pledge created by this Ordinance 
except to the extent expressly permitted by the Administrative 
Resolution. The City covenants and agrees that it shall at all 
times, to the extent permitted by law, defend, preserve and 
protect the pledge of the Pledged Amounts, and all the rights of 
the holders of the Revenue Obligations under this Ordinance and 
the Administrative Resolution against all claims and demands of 
all persons whomsoever. 

Sec. 6. And be it further ordained, That, the Board of 
Finance may establish from the proceeds of the Revenue 
Obligations or other funds of the Wastewater Utility or any other 
amounts whatsoever, one or more reserve funds for the Revenue 
Obligations, including (without limitation) debt service reserve 
funds, which fund or funds may be pledged to the payment of 
principal of, premium on, if any, and interest on, and the 
purchase price of one or more series of such Revenue Obligations 
in the event that the Pledged Amounts for any year are 
insufficient to pay the principal of, premium on, if any, and 

202 



Ord. No. 496 

interest on, and the purchase price of, such Revenue Obligations 
for such year. This section shall not be deemed to preclude the 
establishment of other reserve funds, the amounts in which are 
not Pledged Amounts, in connection with the Revenue Obligations 
or any subordinate obligations of the Wastewater Utility, 
including (without limitation) a renewal and replacement fund. 

Sec. 7. And be it further ordained. That, the City hereby 
covenants that it will pay the principal of, the premium on, if 
any, and the interest on any Revenue Notes or Refunding Revenue 
Notes in the nature of bond anticipation notes from the first 
proceeds of any Refunding Revenue Bonds issued hereunder when, 
and as soon as, the reason for deferring their issuance no longer 
exists; but in any event, in sufficient time to permit the 
payment of the Revenue Obligations at maturity or extended 
maturity. 

SEC. 8. AND BE IT FURTHER ORDAINED, That, the City 
covenants that: 

A. It will take or cause to be taken all actions necessary C/* 

to ensure that Rates and Charges are assessed, established and L^ 

collected so that, for each Fiscal Year, (i) the aggregate amount "^ 

of collections from such Rates and Charges, together with any C^ ^ 

other moneys then legally available therefor, will be at all ^^^ ^ 

times at least equal to 100% of the Operating Requirements of the 
Utility and (ii) the amount of Pledged Revenues collected from 
such Rates and Charges will be at all times at least equal to 
12 0% of the Maximum Annual Debt Service on outstanding Revenue ^- " 

Obligations. The foregoing requirements are collectively C^"^ '^ 

referred to as the "Rate Requirements." The phrase "other moneys ^-^ 

then legally available therefor" in the Rate Requirements shall ^^Z ^.■ 

include (without limitation) (i) any amounts borrowed by the City ^j!' r 

or loaned to the Wastewater Utility in connection with a Revenue 
Anticipation Borrowing as described in Section 8D. below and (ii) 
anticipated investment earnings on the funds held by the trustee l-^,r 

for the Revenue Obligations (the "Trustee") (to the extent CL'^ 

provided by the Board of Finance) and (iii) the amount of any \^ 

operating cash balance in the Wastewater Utility in q.^oq.^q of the 
Operating RGocrvo, and shall exclude (without limitation) (a) any 
amounts borrowed by the City or loaned to the Wastewater Utility 
in connection with any additional borrowing other than a Revenue 
Anticipation Borrowing, as described in Section BE. below and (b) 






^ ,, __. _.._ ,_, irs^ ^ 

any amounts received or to be received in the current Fiscal Year I— »-• ^ 

by the Wastewater Utility which amounts are payable by the City V^ f 

to Baltimore County, Maryland. ^:f ^ 

B. Under current City procedures, the City Charter and 
applicable law, the City covenants and agrees that it will cause 
the following acts to occur in timely fashion; that it will, in 
connection therewith, take any and all action necessary to that 

203 



Ord. No. 496 



end; and that it intends to create the following obligations 
hereby: 

(i) The Director of Finance and the Director of Public 
Works, at the time of submission of the annual operating budget 
portion of the Ordinance of Estimates, shall recommend to the 
Board of Estimates the assessment and the establishment of Rate 
and Charges which at least meet the Rate Requirements. 

(ii) The City Council and the members thereof shall 
recommend to the Board of Estimates approval of Rates and Charg 
which are projected to at least meet the Rate Requirements. 

(iii) The Board of Estimates shall assess and establish an 
the Director of Finance shall collect Rates and Charges which a 
least meet the Rate Requirements. 

(iv) Neither the Board of Estimates nor the Director of 
Public Works shall provide for abatement and reduction of the 
Rates and Charges which would cause the Rates and Charges as 
assessed and established to equal less than the amounts necessa 
to satisfy the Rate Requirements. 

(V) Within 60 days of the filing of the Financial Report 
with the City, if such report shows the Operating Revenues of t 
Utility to be less than the amount required to satisfy the Rate 
Requirements, the Director of Finance, the Director of Public 
Works and the City Council and the members thereof shall 
recommend, and the Board of Estimates shall assess and establis 
Rates and Charges which result in Operating Revenues of the 
Utility at least equal to the amount necessary to satisfy the 
Rate Requirements. 

(vi) If at any time it is established to the satisfaction 
the Trust ee or the Director of Finance, in accordance with 
procedures established in the Administrative Resolution, that 
expected or actual Operating Revenues of the Utility will be or 
are less than the amount necessary to satisfy the Rate 
Requirements, the Director of Finance, the Director of Public 
Works and the City Council and the members thereof shall 
recommend and the Board of Estimates shall assess and establish 
Rates and Charges which result in Operating Revenues of the 
Utility at least equal to the amount necessary to satisfy the 
Rate Requirements. 

(vii) If in any Fiscal Year it appears that the Operating 
Revenues of the Utility will be in excess of those budgeted for 
the Wastewater Utility and if the Board of Estimates determines 
to decrease the Rates and Charges for any Fiscal Year or portio 
thereof as authorized by Article 29, Section 21A. (a) of the Cit 
Code, or any successor provision, any such decrease shall be su 

204 



Ord. No. 4 96 



that the resulting collections from the reduced Rates and Charges 
will continue to satisfy the Rate Requirements throughout such 
Fiscal Year or portion thereof. 

(viii) Except as provided in this Ordinance or in the 
Administrative Resolution, so long as any Revenue Obligations are 
outstanding, the City shall not, in the normal course and without 
taking corrective steps to remedy the reasons therefor, furnish 
or supply any facilities, services or commodities afforded by it 
in connection with the Wastewater Utility free of charge, except 
for wastewater service rendered in connection with fire and other 
public safety services of the City, as specified in the 
Administrative Resolution. The City will promptly enforce in the 
manner and to the extent provided by law the payment of any and 
all delinquent accounts except when the City determines that such 
enforcement is no longer practicable or economically justified. 

C. The Board of Finance is hereby authorized to establish in 
the Administrative Resolution any procedure deemed necessary or 
desirable to permit the City to respond to any change in the 
method of establishment of Rates and Charges, so long as such 
procedure is consistent with the security of the holders of the 
Revenue Obligations, this Ordinance, the City Charter, the City 
Code and other applicable law. 



D. The City recognizes that in order to comply with the ^^- ^ 

Rate Requirements without unnecessarily increasing Rates and "j p 

Charges, it may be necessary to borrow certain amounts in j^*^ J^' 

anticipation of receipt of Accounts Receivable. Accordingly, the ^^* ^ 

City is hereby authorized to borrow on a short term basis, (3— 

pursuant to applicable law, in an amount not to exceed an amount ic^C 

equal to the amount of Accounts Receivable as of the last day of ibz^. ^' 

the immediately preceding month, multiplied by the average ^;' 

Accounts Receivable collection rate of the City for the three (3) ^ 

most recent Fiscal Years (the "Revenue Anticipation Borrowing") . 
The City is hereby authorized to accomplish such borrowing or 
borrowings from time to time by any one or more of the following: 
(i) issuing Revenue Obligations or other Indebtedness; (ii) 
borrowing the amount from the City; or (iii) borrowing the amount 
pursuant to any other method of short term borrowing then 
authorized by applicable law. If the Revenue Anticipation 

Borrowing is accomplished through the issuance of Revenue ^^ ^ 

Obligations, the Revenue Anticipation Borrowing will be secured ir>'^ ^ 

as other Revenue Obligations and any reference in this Ordinance **! C^ 

to the security for the Revenue Obligations shall be deemed to t^-^ / 

include the Revenue Anticipation Borrowing. The amount ^^ 

authorized to be borrowed by the City from time to time pursuant 
to this subsection shall be in addition to the amount of Revenue 
Obligations authorized in Section 2 hereof. The terms and 
conditions of any Revenue Anticipation Borrowing shall be as 
determined in the Administrative Resolution or any other 

205 



h 



Ord. No. 496 



resolution adopted by the Board of Finance in connection with 
such borrowing, including (without limitation) the provision for 
private (negotiated) sale or placement of any City Revenue 
Obligations, which private sale or placement is hereby found and 
determined to be in the best interest of the City unless 
otherwise determined by the Board of Finance in the 
Administrative Resolution or any other resolution adopted by the 
Board of Finance in connection with such borrowing. 

E. Nothing in this Ordinance shall preclude the City from 
borrowing money pursuant to applicable law in order to make a 
loan to the Wastewater Utility to meet any temporary cash 
operating deficit other than as provided in Section 8D. above; 
provided, however, that the proceeds of such borrowing or loan 
shall not constitute amounts available for satisfaction of the 
Rate Requirements, as provided in Section 8A. above. 

SEC. 9. AND BE IT FURTHER ORDAINED, That, the City hereby 
covenants that: 

A. It will take or cause to be taken all actions necessary 
so that amounts at least equal to the Rate Requirements for each 
Fiscal Year (i) are included in the Ordinance of Estimates for 
each Fiscal Year and (ii) are collected when due (or as soon 
thereafter as possible in accordance with law) or are otherwise 
made available in a timely manner. 

B. Under current City procedures, the City Charter and 
applicable law in effect at the time of adoption of the 
Administrative Resolution, this covenant shall be deemed to 
obligate (i) the Director of Public Works to recommend to the 
Director of Finance that amounts at least equal to the Rate 
Requirements for each Fiscal Year shall be included in the 
operating budget portion of the proposed Ordinance of Estimates 
for each Fiscal Year; (ii) the Director of Finance to recommend 
inclusion of amounts at least equal to the Rate Requirements for 
each Fiscal Year in the operating budget portion of the proposed 
Ordinance of Estimates for each Fiscal Year; (iii) the Board of 
Estimates to include amounts at least equal to the Rate 
Requirements for each Fiscal Year in the proposed operating 
budget portion of the Ordinance of Estimates for each Fiscal 
Year; and (iv) the City Council not to reduce or eliminate 
amounts satisfying the Rate Requirements from the operating 
budget portion of the Ordinance of Estimates for each Fiscal 
Year. 

C. Under current City procedures, the City Charter and 
applicable law, the Director of Public Works shall be obligated 
to determine, prior to his submission of the capital budget for 
the Wastewater Utility in any Fiscal Year, (i) the amount of the 
Ordinary Capital Requirement for the next ensuing Fiscal Year, 

206 



Ord. No. 496 

and (ii) the amount necessary to maintain the Extraordinary 
Capital Requirement for the next ensuing Fiscal Year. 

D. The City shall not reduce any appropriation included 
in the Wastewater Utility operating budget portion of the 
Ordinance of Estimates for any Fiscal Year unless requested to do 
so by the Director of Finance. 

SEC. 10. AND BE IT FURTHER ORDAINED, That, the City 
covenants that if additional appropriations for expenditures for 
the Wastewater Utility are approved to be made from Operating 
Revenues of the Utility received or expected to be received in 
any Fiscal Year by the Wastewater Utility in excess of those 
relied upon by the Board of Estimates in determining the 
Ordinance of Estimates for such Fiscal Year, the City will take 
or cause to be taken in timely fashion all actions necessary to 
comply with the Rate Requirements. 

SEC. 11. AND BE IT FURTHER ORDAINED, That, the City 
covenants that if, upon the application of the Director of Public 
Works, the amount for a particular program, purpose, activity or 

project budgeted for the Wastewater Utility in the Ordinance of l^ 

Estimates for any Fiscal Year is increased or the amount for a 
new program, purpose, activity or project for the Wastewater 

Utility is introduced by transferring amounts already ^5- ^ 

appropriated to the Wastewater Utility in the Ordinance of ^^ Q. 

Estimates for any Fiscal Year, the City will take or cause to be 
taken all actions necessary to comply with the Rate Requirements 

SEC. 12. AND BE IT FURTHER ORDAINED, That: (^ti " 

A. The City covenants to take or cause to be taken all ,c^- ^ 

actions necessary to assure that (i) upon the recommendation of i^^ C 

the Director of Finance and the Director of Public Works, ^_ 

appropriations for any program, purpose, activity or project 
included in the Ordinance of Estimates for any Fiscal Year for 
the Wastewater Utility will be carried over to Fiscal Years 
subsequent to the one for which any appropriation was initially 
made for the accomplishment of such program, purpose, activity or 
project and (ii) any balance remaining to the credit of the 
Wastewater Utility at the end of any Fiscal Year shall remain to 
the credit of the Wastewater Utility and an estimate of such 
balance shall be included in the Wastewater Utility's budget for 
the next ensuing Fiscal Year as an estimated receipt to be 



(A 

u 



.... ..... ...=„.... ...... .... „ ... ......... ....... .. .. P^ c 

utilized with respect to the Wastewater Utility, that is, an U-*^ ^ 

amount to be available for appropriation in the Wastewater ^^^^ 

Utility budget in the next ensuing Fiscal Year. 

B. Under current City procedures, the City Charter and 
applicable law, this covenant shall be deemed to obligate (i) 
the Director of Public Works and the Director of Finance to 

207 



Ord. No. 496 



recommend that any program, purpose, activity or project included 
in the Ordinance of Estimates for any Fiscal Year for the 
Wastewater Utility which is necessary for the proper functioning 
of the Wastewater Utility, be carried over to Fiscal Years 
subsequent to the one for which any appropriation was initially 
made for the accomplishment of such program, purpose, activity or 
project; (ii) the Board of Estimates, upon the recommendation of 
the Director of Public Works and the Director of Finance, to 
approve the carrying over to Fiscal Years subsequent to the 
current Fiscal Year any program, purpose, activity or project 
relating to the Wastewater Utility included in the Ordinance of 
Estimates for the current Fiscal Year; and (iii) the Board of 
Estimates to assure that any balance remaining to the credit of 
the Wastewater Utility at the end of any Fiscal Year shall remain 
to the credit of the Wastewater Utility and an estimate of such 
balance shall be included in the Wastewater Utility's budget for 
the next ensuing Fiscal Year. 

SEC. 13. AND BE IT FURTHER ORDAINED, That, the City 
covenants that it will not amend, seek to amend or have amended 
any existing law, the City Charter or current City procedures in 
any manner which would cause the covenants of the City contained 
in this Ordinance to be abrogated or breached. The City 
recognizes and acknowledges that its covenants with the holders 
of any Revenue Obligations are binding upon the City 
notwithstanding any change in applicable law, the City Charter or 
current City procedures. 

SEC. 14. AND BE IT FURTHER ORDAINED, That, the City 
covenants that (i) the accounting system utilized for the 
Wastewater Utility will conform to generally accepted principles 
of utility accounting and will be kept on the accrual basis and 
in the manner prescribed in Article VII, Section 8 of the City 
Charter, as amended from time to time; (ii) the report with 
respect to the operation of the Wastewater Utility which is 
required to be filed after the close of each Fiscal Year in 
accordance with Article 29, Section 21A. (a) of the City Code (the 
"Financial Report") will be submitted as a separate section of 
the statements prescribed under Article VII, Section 8 of the 
City Charter, as amended from time to time; (iii) the Financial 
Report will contain at least all of the financial statements 
required under Article 29, Section 21A. (a) of the City Code, as 
amended from time to time, and will be filed within 180 days of 
the close of each Fiscal Year; and (iv) the Financial Report 
shall be audited by an independent certified public accountant. 

SEC. 15. AND BE IT FURTHER ORDAINED, That, the City hereby 
covenants and agrees as follows: 

A. Except as provided in this Ordinance and in the 
Administrative Resolution, the City shall not issue any bonds, 

208 



Ord. No. 496 



notes or other evidences of indebtedness, other than the Revenue 
Obligations, secured by a ratable or parity pledge of or other 
lien on the Pledged Amounts, and shall not otherwise create or 
cause to be created any ratable or parity lien or charge on the 
Pledged Amounts. 

(i) So long as all necessary requirements of the City 
Charter, the City Code and other applicable law are complied 
with, the City may issue or assume any Indebtedness or enter into 
any Leases for any valid public purpose related to the Wastewater 
Utility, which Indebtedness or Leases, and any Credit Facilities 
or Credit Facility Agreements entered into in connection 
therewith, if so determined by the Board of Finance, may be 
secured by a pledge of the Pledged Amounts, provided that such 
pledge shall be junior and subordinate to the pledge of the 
Pledged Amounts to secure the Revenue Obligations and any Credit 
Facility securing the payment of the Revenue Obligations, to the 
extent and in the manner provided in Section 5B. of this 
Ordinance; 



(ii) Notwithstanding anything in this Ordinance or the v/'' 

Administrative Resolution to the contrary, the City may issue or i-^ 

assume Indebtedness and enter into Leases secured solely by the z'^'N 7y 

revenues, receipts or other moneys derived by the City from the A— -^ ^ 

lease, license, operation, sale or other disposition of any *^^ ^ 

facility or equipment of the Wastewater Utility constructed or acr^" 0- 

acquired by or on behalf of the City with the proceeds of such 1 pr 

Indebtedness or in connection with such Leases. Such revenues, ^^ -^ 

receipts and other moneys shall not be considered Operating *^x ** 

Revenues of the Utility or Rates and Charges hereunder, provided O-— 

that ^C ^ 

(a) neither the debt service on such Indebtedness, the ^^^ (^ 

amounts payable in connection with such Leases, any cost of the ^' 
acquisition, construction, leasing, operation, maintenance or 
repair of any such facility or equipment nor provision for 
reserves for any of the foregoing shall be paid from the proceeds 

of Revenue Obligations or from Operating Revenues of the Utility [^ 

or shall be included in operating expenses of the Wastewater --.^i. /•'' 

Utility, --^ ^ 









(b) any such revenues, receipts and moneys in excess of ^vO 
such debt service, amounts payable in connection with such ^^ " 
Leases, costs of acquisition, construction, leasing, operation, ^ . 
maintenance and repair and reserves shall be deposited to the U^*^ f^ 
credit of the Wastewater Utility (and upon such deposit shall be ^'^ 
deemed Operating Revenues of the Utility) , and 

(c) prior to issuing or assuming such Indebtedness or 
entering into such Leases, the City shall deliver to the Trustee 
a- certificate of a consulting engineer stating that the lease, 

209 



Ord. No. 496 



license, operation, sale or other disposition of such facility or 
equipment and the application of the revenues, receipts and other 
moneys derived therefrom to the leasing, operation, maintenance 
and repair thereof and the payment of the debt service on such 
Indebtedness issued therefor or the amounts payable in connection 
with the Leases entered into therefor, and the provision of 
reserves for the foregoing, will not result in any material 
decrease in the Operating Revenues of the Utility or the Pledged 
Revenues of the City, as provided in the Administrative 
Resolution. 

B. The Administrative Resolution shall provide the extent 
to which all or any part of the Wastewater Facilities may be 
sold, mortgaged, leased or otherwise disposed of or encumbered so 
long as such provisions are consistent with applicable law, this 
Ordinance and the covenants contained herein. 

C. In order to implement the obligations historically 
exercised by the City with respect to the Wastewater Utility and 
to implement the City Charter provisions with respect to the 
Wastewater Utility, the City shall operate, or cause to be 
operated, the Wastewater Utility properly and in a sound, 
efficient and economical manner and shall maintain, preserve, and 
keep the same or cause the same to be maintained, preserved, and 
kept in good repair, working order and condition, and shall from 
time to time make, or cause to be made, all necessary and proper 
repairs, replacements and renewals so that the operation of the 
Wastewater Utility may be properly and advantageously conducted, 
and, if any useful part of the Wastewater Utility is damaged or 
destroyed or taken through the exercise of eminent domain, the 
City shall, as expeditiously as practicable, commence and 
diligently prosecute the replacement or reconstruction of such 
damaged or destroyed part so as to restore the same to use and 
the replacement of such part so taken; provided, however, that 
nothing in this Ordinance or the Administrative Resolution shall 
require the City to operate, maintain, preserve, repair, replace, 
renew or reconstruct any part of the Wastewater Utility if (i) 
abandonment of operation of such part is economically justified 
and is not prejudicial to the interests of the holders of the 
Revenue Obligations, and (ii) failure to operate, maintain, 
preserve, repair, replace, renew or reconstruct such part will 
not impair the ability of the City to satisfy the Rate 
Requirements. The Administrative Resolution may establish the 
terms and conditions of any such exception and may provide for 
further exceptions so long as consistent with this Ordinance and 
the covenants of the City contained herein. 

D. The City shall at all times (i) keep all Wastewater 
Facilities of an insurable nature and of the character usually 
insured by operating utilities similar to the Wastewater Utility 
insured, insofar as practicable, against loss or damage by fire 

210 



Ord. No. 496 

and from other causes customarily insured against and (ii) 
maintain insurance, insofar as practicable, against loss or 
damage from such hazards and risks to the persons and property of 
others as are usually insured against by those operating systems 
similar to the Wastewater Utility. The amounts and types of 
insurance to be maintained and the terms and conditions with 
respect to the insurance or any proceeds from any claim 
thereunder shall be as provided in the Administrative Resolution. 
Nothing contained in this Ordinance shall prohibit the use of 
self-insurance to fulfill any covenant with respect to insurance 
so long as the self-insurance is in accordance with any terms and 
conditions with respect thereto contained in the Administrative 
Resolution. 

SEC. 16. AND BE IT FURTHER ORDAINED, That, the City 
covenants that no expenditures will be made from amounts credited 
to the Wastewater Operating Fund of the Wastewater Utility (or 
successor operating fund) except those expenditures relating to 
items for which appropriations have been made in the Wastewater 
Utility operating budget portion of the Ordinance of Estimates. ff\ 



u 



r?^ <r 



SEC. fc^ 17. AND BE IT FURTHER ORDAINED, That, all Revenue 
Obligations shall be executed in the name of the Mayor and City 
Council of Baltimore and on its behalf by the manual or facsimile 
signature of the Mayor or acting Mayor of the City and of the ^^. 

Director of Finance or acting Director of Finance of the City and asd!! ^ 

the corporate seal of the City shall be imprinted thereon, J Q 

attested by the manual or facsimile signature of the Custodian or " '~ 

the alternate Custodian of the Seal of the City. However, the 
Board of Finance may, in the Administrative Resolution, when the 

Board of Finance finds that the nature of a transaction requires cdJ! ^ 

such a procedure, establish a procedure whereby the Trustee, or a *^^ '^ 

responsible trust company or other duly authorized trustee, i^— C 

issuing agent or paying agent, maintains an inventory of blank *. 

Revenue Obligations previously imprinted and signed, available 
for delivery to purchasers of ahopt toga Revenue Obligations 
under conditions which require prompt action and delivery. 



I. 



In the event any official whose signature shall appear on 
any series of the Revenue Obligations shall cease to be such 
official prior to the delivery of any series of Revenue 

Obligations, or, in the event any such official whose signature C/*^ "^ 

shall appear on any series of Revenue Obligations shall have Oi ^ 

become such after the date of issue thereof, the Revenue ii"j ^ 

Obligations of such series shall nevertheless be valid and t. O 

legally binding obligations of the City in accordance with their <r.^ 

terms. 

SEC. 18. AND BE IT FURTHER ORDAINED, That, the proceeds 
from the sale of the Revenue Obligations shall be paid to the 
Director of Finance for immediate deposit with the Trustee. The 

211 



Ord. No. 496 



Trustee shall invest and disburse such proceeds in accordance 
with the Enabling Laws, this Ordinance and the Administrative 
Resolution. 

Upon presentation to the Trustee of the appropriate vouchers 
therefor, as provided in the Administrative Resolution, the 
Trustee shall pay, from the proceeds of each series of Revenue 
Obligations in his hands, all Costs of Issuance. Nothing shall 
prevent the payment by the City of any underwriting discount or 
placement fee payable in connection with any series of Revenue 
Obligations by the deduction by the underwriters or placement 
agents of an amount equal to such discount or placement fee from 
the offering price of such series of Revenue Obligations. 

The Trustee shall credit to a special account on its books 
the amount, if any, of the proceeds of each series of Revenue 
Obligations designated as capitalized interest on such series of 
Revenue Obligations. 

Prior to expenditure of the proceeds of any series of 
Revenue Obligations, the proceeds or any part thereof may be 
invested by the Trustee, in accordance with the Administrative 
Resolution and within any limitation and in the manner provided 
by law. Upon presentation to the Trustee of appropriate requests 
therefor, as provided in the Administrative Resolution, the 
Trustee shall pay to the Director of Finance from the proceeds of 
any series of Revenue Obligations, amounts for any of the 
purposes specified in this Ordinance and in the Administrative 
Resolution. 

If the funds derived from the sale of the Revenue Notes or 
Revenue Bonds shall exceed the amount needed (i) to refund any 
outstanding obligations of the City determined to be refunded by 
the Board of Finance in the Administrative Resolution and (ii) to 
finance the Financed Facilities, the funds so borrowed and not 
expended for the public improvements provided by this Ordinance 
shall be applied, under the terms and conditions set forth in the 
Administrative Resolution, to fund reserve fund deficiencies, if 
any, to pay principal of or interest on Revenue Obligations or to 
redeem or purchase Revenue Obligations. 

SEC. 19. AND BE IT FURTHER ORDAINED, That, authority is 
hereby conferred on the Board of Finance, to take the following 
actions and to make the following commitments on behalf of the 
City: 

A. to determine and set forth the form, terms, provisions 
(including redemption provisions and sinking fund requirements, 
if any) , manner or method of issuing and selling (including 
negotiated or competitive bid sale) and the time or times of 



212 



Ord. No. 496 

issuance and any and all other details of the Revenue 
Obligations; 

B. to prepare and distribute, in conjunction with the 
prospective underwriters or placement agents, if any, for the 
Revenue Obligations, preliminary and final official statements or 
placement memoranda or circulars as the Board of Finance deems 
necessary and appropriate in connection with the sale of the 
Revenue Obligations; provided, however, that any such preliminary 
official statements or placement memoranda or circulars shall be 
clearly marked to indicate that they are subject to completion 
and amendment; 

C. to determine the dates, times and places when an 
underwriting or placement agreement or purchase contract shall be 
submitted by the underwriters or placement agents for the Revenue 
Obligations or purchasers of the Revenue Obligations, such 
underwriting or placement agreement or purchase contract to 
specify the interest rate or rates proposed to be paid on the 
Revenue Obligations, the price at which such Revenue Obligations ^y^ 
are to be sold to such underwriters, placement agents or ^ 
purchasers, and such other matters as the underwriters, placement 
agents or purchasers and the Board of Finance may deem necessary 
or desirable in order to effect the sale and delivery of the 
Revenue Obligations; 



u 



OCX 

D. to determine the interest rate or rates to be paid by | r 

the City on the Revenue Obligations in accordance with the •->.- "^ 

proposed underwriting or placement agreement or purchase contract »^ 
submitted by the underwriters or placement agents for the Revenue 



Cii 



Obligations or purchasers of the Revenue Obligations; ec^C s^ 

«:r- -^ 

E. to appoint, as the Board of Finance deems necessary and j tS ** Q 
appropriate, a bank having trust powers, or a trust company, as ^ 
Trustee for the Revenue Obligations; and ■ i^ ^ 

F. to approve the form of trust agreements between the City i— .^ 
and the Trustee (which may be the Administrative Resolution) , U-; 
which trust agreements may (i) pledge or assign all or any part *^,— ^ 
of the security of the Revenue Obligations so long as consistent ^-^ L^ 
with the covenants contained in this Ordinance and the C** ^ 
Administrative Resolution, (ii) contain reasonable and proper C/*^ 
provisions for the protection and enforcement of the rights and Oi ^ 
remedies of the holders of the Revenue Obligations, (iii) set ilJ ^ 
forth the rights and remedies of the holders of the Revenue tf*"^ C^ 
Obligations and any Trustee and may restrict the individual right ^^^ 

of action by the holders of the Revenue Obligations and (iv) ^^^ \^ 

contain whatever other provisions are deemed reasonable and ^•^ |^ 

proper for the security of the holders of the Revenue ^\^ ^ 

Obligations. '""^ 

213 



Ord. No. 496 



The Board of Finance shall perforin any and all actions 
necessary or deemed appropriate by such Board in order to effect 
the issuance and sale of the Revenue Obligations in accordance 
with and pursuant to this Ordinance and the underwriting or 
placement agreements or purchase contracts for the Revenue 
Obligations. 

SEC. 20. AND BE IT FURTHER ORDAINED, That, prior to the 
sale of the Revenue Obligations, the Board of Finance, unless the 
City shall otherwise prescribe, may determine by resolution: 

(1) the provisions of trust between the City and the 
Trustee; 

(2) the manner of execution, authentication, registration 
and transfer of the Revenue Obligations; 

(3) provisions for authentication and delivery of the 
Revenue Obligations; 

(4) the terms of any private insurance, public insurance or 
any other security for the Revenue Obligations; 

(5) provisions for creation, holding and disbursement of any 
funds and accounts to be held by the Trustee or the Director of 
Finance; 

(6) provisions for the application of the Operating Revenues 
of the Utility, the Pledged Revenues and the Pledged Amounts; 

(7) provisions for the security for and investment of moneys 
held by the Trustee or the Director of Finance; 

(8) the details of the procedure for any redemption of the 
Revenue Obligations; 

(9) remedies for holders of the Revenue Obligations in the 
event of default; 

(10) the duties, rights and immunities of the Trustee; 

(11) the manner of execution of instruments by holders of 
the Revenue Obligations and the method of proof of ownership of 
the Revenue Obligations; 

(12) provisions for modification of this Ordinance, 
including amendment of this Ordinance to increase the aggregate 
amount of Revenue Obligations authorized hereunder; 

(13) provisions for defeasance of the Revenue Obligations; 

214 



Ord. No. 496 

(14) the forms of the Revenue Obligations (including book- 
entry or certificated bonds), and the Trustee's authentication 
certificate; and 

(15) such other matters in connection with the 
authorization, issuance, security, sale and payment of the 
Revenue Obligations as may be deemed appropriate by the Board of 
Finance. 

Any resolution or resolutions adopted pursuant to this 
Ordinance shall be deemed to be of an administrative nature. 

SEC. 21. AND BE IT FURTHER ORDAINED, That, although under 
current law the Wastewater Utility and the Water Utility are each 
to be conducted as a separate enterprise, on a financially self- 
sustaining basis, nothing in this Ordinance shall be deemed to 
preclude a consolidation or other combination of the Wastewater 
Utility and the Water Utility or any budgetary restructuring or 
interfund reorganization of such utilities, so long as it is 
determined, in accordance with procedures set forth in the 
Administrative Resolution, that such consolidation or combination 
will not impair the security for the Revenue Obligations as L^ 

provided in this Ordinance, the Administrative Resolution and the .^^ % 

Revenue Obligations. i — ^ ^ 

-''! *^' 

SEC. 22. AND BE IT FURTHER ORDAINED, That, although this ' ' 

Ordinance provides for, and the Administrative Resolution shall 
provide for, a pledge of the Pledged Amounts with respect to the 
Revenue Obligatiojis, nothing in this Ordinance shall be deemed to 
preclude a pledge, with respect to the Revenue Obligations, of 
revenue of and amounts held by the Wastewater Utility, including 
the Pledged Amounts, under different or alternative formulations, 
so long as it determined, in accordance with procedures set forth 
in the Administrative Resolution, that such different or , 

alternative formulation will not impair the security for the 
Revenue Obligations as provided in this Ordinance, the 
Administrative Resolution and the Revenue Obligations. 



SFC. 23. AND BE IT FURTHER ORDAINED, That, the Mayor and 
City Council may amend or supplement this Ordinance from time to 



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time as necessary and appropriate to increase the authorized «^^ ^^ 

amount of Revenue Obligations, and for any other purpose provided /VO "^ 

such action is otherwise consistent with the terms of this Z^*^ ^ 

Ordinance, the Administrative Resolution and the Revenue "^ ^ 

Obligations. The Administrative Resolution shall provide that no U*-J ^ 

such Additional Revenue Obligations shall be issued pursuant to ^"^ 

this Ordinance and the Administrative Resolution unless (a) there ^^ i,^ 

is no Event of Default existing on the date of issuance of any 2^ "^ 

such Revenue Obligations and (b) there is a determination, r^p ^ 

pursuant to the Administrative Resolution, that the Rate ^"""^ 
Requirements will be met on the date of issuance of any such 

215 



Ord. No. 496 



obligations. Reference to the Enabling Laws in this Ordinance or 
any supplemental ordinance may refer to one or both of such 
Enabling Laws and shall not be deemed to be exclusive of any 
public general law or any public local law or charter provision 
enacted from time to time. 

SEC. 24. AND BE IT FURTHER ORDAINED, That, if any action or 
any matter delegated to the Board of Finance, or authorized for 
implementation by the Board of Finance, shall not be acted upon 
by the Board of Finance, such actions and matters may be acted 
upon or implemented by a resolution approved by the City Council 
of the City, which is subsequently approved by the Mayor or 
acting Mayor of the City. 

SEC. 25. AND BE IT FURTHER ORDAINED, That, in the event 
that Revenue Obligations are issued pursuant to this Ordinance 
with the expectation that interest on such Revenue Obligations 
will be exempt from federal income taxation, the City covenants 
with each of the holders of any such Revenue Obligations that it 
will not use, or suffer or permit to be used, the proceeds 
received from sale of the Revenue Obligations, or any moneys on 
deposit to the credit of any Revenue Obligations account of the 
City or established under the Administrative Resolution which may 
be deemed to be proceeds of the Revenue Obligations pursuant to 
Section 148 of the Internal Revenue Code of 1986, as amended (the 
"Internal Revenue Code") , and applicable regulations thereunder, 
which use would cause such Revenue Obligations to be "arbitrage 
bonds" within the meaning of Section 148 of the Internal Revenue 
Code and the regulations thereunder. The City further covenants 
that it will comply with Section 148 of the Internal Revenue Code 
and the regulations thereunder which are applicable to the 
Revenue Obligations on the date of issuance of the Revenue 
Obligations and which may subsequently lawfully be made 
applicable to the Revenue Obligations. The Mayor, the Director 
of Finance and the Chief of the Bureau of Treasury Management of 
the City are hereby authorized and directed to repage prepare or 
cause to be prepared and to execute, respectively, any 
certification, opinion or other document which may be required to 
assure that the Revenue Obligations will not be deemed to be 
"arbitrage bonds" within the meaning of Section 148 of the 
Internal Revenue Code and the regulations thereunder. 

In the event that Revenue Obligations are issued hereunder 
with the expectation that interest on such Revenue Obligations 
will be exempt from federal income taxation, the Mayor may make 
such covenants or agreements in connection with the issuance of 
such Revenue Obligations as he shall deem advisable in order to 
assure the holders of such Revenue Obligations that interest 
thereon shall be and remain exempt from federal income taxation, 
and such covenants or agreements shall be binding on the City so 
long as the observance by the City of any feuch covenants or 

216 ~ 



Ord. No. 496 

agreements is necessary in connection with the maintenance of the 
exemption from federal income taxation of the interest on such 
Revenue Obligations. The foregoing covenants and agreements may 
include such covenants or agreements on behalf of the City 
regarding compliance with the provisions of the Internal Revenue 
Code as the Mayor shall deem advisable in order to assure the 
holders of such Revenue Obligations that the interest thereon 
shall be and remain exempt from federal income taxation, 
including (without limitation) covenants or agreements relating 
to the investment of Revenue Obligation proceeds, the payment of 
certain earnings resulting from such investment to the United 
States, limitations on the times within which, and the purposes 
for which. Revenue Obligation proceeds may be expended, or the 
utilization of specified procedures for accounting for and 
segregating Revenue Obligation proceeds. Any covenant or 
agreement made by the Mayor pursuant to this paragraph shall be 
set forth in or authorized by an order executed by the Mayor or 
by the execution by the Mayor of the Administrative Resolution. 

SEC. 26. AND BE IT FURTHER ORDAINED, That, the covenants of 

the City contained in this Ordinance shall be for the "benefit of (J) 

the holders of the Revenue Obligations from time to time and \x 

shall be enforceable by such holders, subject to any limitations ^^ — ' 

set forth in the Administrative Resolution. \»Sl C^ 

SEC. 27. AND BE IT FURTHER ORDAINED, That, the provisions ^Z r 

of this Ordinance are severable, and if any provision, sentence, 
clause, section or part hereof is held illegal, invalid or 
unconstitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or 
inapplicability shall not affect or impair any of the remaining 
provisions, sentences, clauses, sections or parts of this 
Ordinance or its application to other persons or circumstances. 
It is hereby declared to be the legislative intent that this 
Ordinance would have been adopted if such illegal, invalid or 
unconstitutional provision, sentence, clause, section or part had 
not been included herein, and if the person or circumstances to i.^ 

which this Ordinance or any part thereof is inapplicable had been ^^ 

specifically exempted herefrom. ,^ "^ 

SEC. 28. AND BE IT FURTHER ORDAINED, That, Ordinance No. H^ U* 

867 (Bill No. 1324), passed on January 10, 1983 and approved by /^O '^ 
the Mayor on January 14, 1983, shall be superseded by this ^ ^^ 

Ordinance, and shall be of no further force and effect, O— ^ 

immediately upon the discharge of the pledge of the Pledged l-i-J f" 

Amounts as provided in Article IX of the Bond Resolution adopted ""^:^ ^ 

by the Board of Finance on February 10, 1983, as amended. No ^-■ 

further action, other than the discharge provided above, is 22 \^ 

required to be taken in order to implement the provisions of this p, -^ ^ 

Section. . *-^ 

217 






Ord. No. 497 



SEC. 29. AND BE IT FURTHER ORDAINED, That, this Ordinance 
shall take effect on the date of its enactment. 

Approved May 24, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE . 

ORDINANCE NO. 4 97 

(Council Bill No. 763) 

AN ORDINANCE concerning 

REZONING - SOUTHEAST CORNER OF BESSEMER AVENUE 
AND BROENING HIGHWAY AND 1601 AND 1617 BROENING HIGHWAY 



$ 



FOR the purpose of changing the zoning for the property known as 
the south side of Bessemer Avenue and the east side of 
Broening Highway from the R-6 Zoning District to the D 3 1 
O-R-2 Zoning District, as outlined in red on the amended 
plat accompanying this ordinance and changing the zoning for 
the property known as 1601 and 1617 Broening Highway from 
the M-3 Zoning District to the B-3-1 Zoning District, as 
outlined in blue on the amended plat accompanying this 
ordinance . 

BY amending Zoning District Maps 
Sheet No. 69 
Article 30 - Zoning 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sheet No. 69 of the Zoning District Maps of 
Article 30-Zoning of the Baltimore City Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby amended by 
changing the zoning for the property known as the south side of 
Bessemer Avenue and the east side of Broening Highway from the 
R-6 Zoning District to the D 3 1 O-R-2 Zoning District, as 
outlined in red on the amended plat accompanying this ordinance 
and by changing the zoning for the property known as 1601 and 
1617 Broening Highway from the M-3 Zoning District to the B-3-1 
Zoning District, as outlined in blue on the amended plat 
accompanying this ordinance . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 

218 



Ord. No. 498 



and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 1, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 98 

(Council Bill No. 764) 

AN ORDINANCE Concerning 

ZONING APPROVAL FOR CONDITIONAL USE PARKING LOT 
NORTHEAST CORNER OF BESSEMER AVENUE AND BROENING HIGHWAY 



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FOR the purpose of granting permission for the establishment, 

maintenance and operation of an open off-street parking area 

on the property known as the northeast corner of Bessemer 

Avenue and Broening Highway, as outlined in red on the plats .^ 

accompanying this ordinance. -t.r-- ^ 

BY authority of ^ 

Article 30 - Zoning 
Section (s) 4.6-ld3 and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as amended) 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL ^^ 



CD 

L> 

BALTIMORE, That permission is hereby granted for the f^ T' 

establishment, maintenance and operation of an open off-street \^^ ^ 

parking area on the properties known as the northeast corner of ^^ 
Bessemer Avenue and Broening Highway, as outlined in red on the 

plats accompanying this ordinance, under the provisions of ^ . 

Section (s) .4.6-ld3 and 11.0-6d of Article 30 of the Baltimore U}-^ ^ 

City Code (1983 Replacement Volume, as amended), title "Zoning". Z^*^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of ^S^ f^ 

this ordinance by the City Council, as evidence of the ^ ^ ^ 

authenticity of the plat which is a part hereof and in order to '"""'^ 
give notice to the departments which are administering the Zoning 

219 






Ord. No. 499 



Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments of Baltimore City, and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 1, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 4 99 

(Council Bill No. 811) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
HOME FOR HOMELESS PERSONS - 1114 N. CALVERT STREET 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of a home for not more than 78 
homeless persons on the property known as 1114 N. Calvert 
Street, as outlined in red on the plats accompanying this 
ordinance , and providing that the Salvation Army shall 
establish a community relations board . 

BY authority of 

Article 30 - Zoning 

Sections 5.1-ld and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE , That permission is hereby granted for the 
establishment, maintenance and operation of a home for not more 
than 78 homeless persons on the property known as 1114 N. Calvert 
Street, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 5.1-ld and 11.0-6d of 
Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED. That within 3 days 
after the effective date of this ordinance the Salvation Army 

220 



Ord. No. 500 



shall establish a coirununity relations board consisting of 9 
members. Two members shall represent the Salvation Army and 7 
members shall be from the surrounding area. 

SEC. * 3. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 9- 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 1, 1990 

KURT L. SCHMOKE, Mayor 



ENROLLED 

CITY OF BALTIMORE 

ORDINANCE NO. 500 

(Council Bill No. 907) 



00 

u 



AN ORDINANCE concerning ^ 



ZONING - APPROVAL FOR CONDITIONAL USE 
DRIVE-IN RESTAURANT WITH A DRIVE-THROUGH WINDOW- 

4635-4637 HARFORD ROAD L> 



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FOR the purpose of granting permission for the establishment, i— "• L^ 

maintenance and operation of a drive-in restaurant with a I^— • 

drive-through window on the property known as 4 63 5-4 63 7 C^O 
Harford Road, as outlined in red on the plats accompanying 

this ordinance , subject to certain conditions . . i 

^^ 

BY authority of ^^ 

Article 30 - Zoning 

Sections 6.3-ld and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 



221 



Ord. No. 501 



SECTION 1. BE IT" ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of a drive-in restaurant 
with a drive-through window on the property known as 4635-4637 
Harford Road, as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 6.3-ld and 11.0-6d of 
Article 30 of the Baltimore City Code (1983 Replacement Volume, 
as amended) title "Zoning" , subject to the condition that 
McDonald's e mployeGS s hall polic e the area doily and pick up 
shall be responsible for daily removal of all trash that is 
identifiable as originating from a McDonald's restaurant and 
found within a one block radius of this drive-in . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED. That anv expansion of 
this use shall reouire the approval of the Board of Municipal and 
Zoning Appeals. 

SEC. ^ 4. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 1, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 501 

(Council Bill No. 951) 

AN ORDINANCE concerning 

PARKING FOR IIANDICAPrED PERSONS 
PARKING - RESERVED - W. BALTIMORE STREET 

For the purpose of directing the Conuniosioner of the Department 
of Transportation to inatall reoGrvcd parking for the 

222 



I 



Ord. No. 501A 



handicapped aigns providing for reserved parking on the 
north side of W. Baltimore Street between Greene and Paca 
Streets for persons displaying a permit from the University 
of Maryland School of Law . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That-; — any other ordinances notwithatdnding; — fe**e 
Commi ss ion e r of the Departm e nt of Transportation is hereby 
directed to install reserved parking for the handicapped signs, 
in lieu of th e 4 exi s ting parking meter s , in the driveway area on 
the north side of W. Baltimore Street between Greene and Paca 
Streets , parking is reserved for persons displaying a permit from 
the University of Maryland School of Law . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 1, 1990 

KURT L. SCHMOKE, Mayor 



pictures while retaining the current tax on theatres 
included on the National Register of Historic Places. 



00 



ENROLLED COPY U" 

CITY OF BALTIMORE 



ORDINANCE NO. 501A .- r 



(Council Bill No. 841) 
AN ORDINANCE concerning 

ADMISSIONS AND AMUSEMENT TAX 
FOR the purpose of increasing the tax on admissions to motion ^" 



CO 



BY repealing and reordaining with amendments ^ 

Article 28 - Taxes '*^— ^'* 

Subtitle - Admissions and Amusement Tax ^ ^ 

Section 74(a) J^^ !>* 

Baltimore City Code (1983 Replacement Volume, as amended) ?yO "^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 0-- ^ 

BALTIMORE, That section (s) of the Baltimore City Code (1983 U*J ^ 

Replacement Volume, as amended) be added, repealed, or amended, "^^ 
to read as follows: 

ARTICLE 28 - TAXES 

Admissions and Amusement Tax 

223 



22K 



Ord. No. 502 



74. Provisions 



(a) [(1)] Except as otherwise provided in this subsection 
there is levied and imposed a tax at the rate of 10 percent of 
the gross receipts derived from any admissions and amusement 
charge as defined in Section 4-101 (b), of the Tax - General 
Article of the Annotated Code of Maryland, as amended or 
recodified from time to time. FOR ANY THEATRE INCLUDED ON THE 
NATIONAL REGISTER OF HISTORIC PLACES. THE RATE SHALL BE 5 PERCENT 
OF THE GROSS RECEIPTS. 

[(2) There is levied and imposed a tax at the rate of 5 
percent of the gross receipts derived from the exhibition of 
motion pictures.] 

SEC. 2. AND BE IT FURTHER ORDAINED, That a copy of this 
ordinance be sent to the Maryland State Comptroller's Office 



SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on July 1, 1990. 



Approved June 6, 1990 

KURT L. SCHMOKE, HayoT 



i 



CITY OF BALTIMORE 

ORDINANCE NO. 502 

(Council Bill No. 844) 

AN ORDINANCE concerning 

AMUSEMENTS - LICENSE FEES 

FOR the purpose of authorising the Board of Eatimatoo to 

es tabli s h increasing the license fee for balls and for 
dancing schools with admission fees and eliminating the 
license reguirement for balls charging admission . 

BY repealing and reordaining with amendments 
Article 15 - Licenses 

Subtitle - Amusements \ 

Section 18 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 



224 



Ord. No. 503 



ARTICLE 15 - LICENSES 
Amusements 



18. Same; fees. 



A [tax or] license IS REQUIRED for lall balls FOR WHICH 
ADMISSION IS CHARGED, AND FOR ALL SUCH DANCING SCHOOLS f shall be 
levied as follows: the tax or license for all balls shall be five 
dollars per day or night when the admission fee does not exceed 
twenty-five cents; eight dollars per day or night when it exceeds 
twenty-five cents, but is not over fifty cents; ten dollars per 
day or night when it exceeds fifty cents, but is not over one 
dollar; and twelve dollars per day or night when it exceeds one 
dollar; and on fancy, masked or rag balls a tax of ten dollars 
per day or night when an admission fee is charged; provided, 
however, that the above tax or license is not intended to apply 
to regular dancing schools where the art is regularly taught and 
where dancing parties are given in connection with the scheduled 
classes on stated nights from eight to twelve o'clock and where 
no liquors are sold or dispensed, but the owners or managers of J. 

regular dancing academies or places used for instruction in the L^ 

art of dancing shall pay an annual license fee of twenty - five 
dollars (025.00) $50.00 for such privilege. ] AT A FEE DETERMINED 
BY THE BOARD OF ESTIMATES. Z^^ ^ 

"^- r 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 



Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 50 3 



AMUSEMENT DEVICES - LICENSE FEE 



00 



(Council Bill No. 845) ^^ (f 

AN ORDINANCE concerning t^ l^ 



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o 

C/0 



FOR the purpose of authorieing the Board of Eatimatco to l-*-^ ^ 

establish increasing the annual license fee for amusement r^*^ 

devices. 

BY repealing and reordaining with amendments 
Article 15 - Licenses 
Subtitle - Amusements 

225 






Ord. No. 504 



Section 8 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 15 - LICENSES 

Amusements 

8. License; fee 

No billiard, bagatelle, pool, manhattan, Klondike or rondo 
table shall be erected, set up, kept or in any respect whatever 
used for the purpose of gain or public entertainment within the 
city without a license previously obtained from the Director of 
Finance under the seal of the corporation, under a penalty of 
twenty dollars for each and every day that such billiard, 
bagatelle, pool, manhattan, klondike or rondo table may have been 
set up, kept or erected without license, and every license 
granted as aforesaid shall terminate on the first day of January 
annually, and for every license for the keeping of a billiard, 
bagatelle, pool, manhattan, klondike or rondo table, granted 
under this section, the person obtaining the same shall pay to 
the Director of Finance ffor the use of the city the sum of sixty 
dollars ($60,000)] A FEE GET BY THE BOhRD OF ESTIMATES $130.00 
for each billiard, bagatelle, pool, manhattan, klondike or rondo 
table. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 504 

(Council Bill No. 847) 

AN ORDINANCE concerning 

AUCTIONEERS - LICENSE FEE 

FOR the purpose of increasing the annual license fee for 
auctioneers. 

226 



ord. No. 505 

By repealing and reordaining with amendments 
Article 2 - Auctions and Sales 
Subtitle - Auctions 
Section 10 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 2 - AUCTIONS AND SALES 

Auctions 

10. License; issuance. 

Upon the receipt of an approved surety bond and of a 
[01,2 5 0.00] $1.600.00 license fee, AG ESTABLISHED BY THE BOARD OF 
ESTIMATES, the Director of Finance shall issue a license to a 

duly appointed auctioneer for the term of one year. At the \Ji 

request of the applicant, the license may be dated back to the Li^ 

expiration date of his prior license, but such action shall not ^^ *^' 

affect prosecutions commenced prior to such request. • The failure ^.^ O- 

of the auctioneer to pay the license fee and post bond within 30 
days of his appointment shall render such appointment null and 
void. 

Upon the death of any auctioneer prior to the expiration of 
his license, his personal representative or a person named in 
Section 7 of this Article may continue to act under the license 
for its unexpired term, or for a period of 30 days, whichever is 
greater. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance ' 

shall take effect on the 30th day after the date of its ^T ^ 

enactment. 



Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 






ORDINANCE NO. 505 U*J ^ 

(Council Bill No. 850) ^'— 

AN ORDINANCE concerning ^ ^ ^ 

GOING OUT OF BUSINESS SALE - LICENSES 
227 



Ord. No. 506 



FOR the purpose of authorieing the Board of Eatiwatoa to 

e s tabli s h increasing the license fee for going out of 
business sales. 

By repealing and reordaining with amendments 
Article 2 - Auctions and Sales 
Subtitle - Going out of Business Sales 
Section 41 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 2 - AUCTION AND SALES 

Going Out of Business Sales 

41. License fee. 

The fee for the license to conduct a "Going Out of Business 
Sale," as provided in this subtitle, shall be [fifty dollars 
(05O, 000) $100. 00 . payable to the liconBor DIRECTOR OF FINANCE -H- 
DETERMINED BY THE BOARD OF ECTIMATEC A>JD PAID TO THE DIRECTOR OF 
FINANCE . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 506 

(Council Bill No. 852) 

AN ORDINANCE concerning 

EMPLOYMENT AGENCIES - LICENSE FEE 

FOR the purpose of authorieing the Board of Eotimateo to 

establioh increasing the annual license fee, and defining 
employment agencies. 

By repealing and reordaining with amendments 
Article 15 - Licenses 

228 



Ord. No. 506 

Subtitle - Employment Agencies 

Section 51 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 15 - LICENSES 

Employment Agencies 

51. License required. 

(A) No person shall carry on the business of an employment 
agency [nor- engage in the business of procuring domestic servants 
for persons desiring the same, nor procuring employment for 
domestic servants who shall desire employment] OR ACT AC AJJ 
DEPLOYMENT COUtJSELOR , without first obtaining a license to 

conduct an employment agency; and it shall be the duty of the C/5 

Director of Finance to issue licenses for employment agencies L^. 

annually, and to charge for each and every such license fthe sum "^ 

of $200] 1250 A CUM ECTADLICHED BY THE BOARD OF ESTIMATES ; and to ;I3 C^ 

keep a record of the name and place of business of each and every ^^ t^ 

person, firm or corporation, who may take out such license, which -*^* r 
record shall be kept on file in his office. 

(B) DEFINITIONS. THE FOLLOWING TERMS HAVE THE MEANINGS 
INDICATED UNLESS THEIR CONTEXT CLEARLY INDICATES OTHERWISE. 



(1) "EMPLOYMENT AGENCY" MEANS ANY INDIVIDUAL SOLE 
PROPRIETORSHIP . PARTNERSHIP, ASSOCIATION, CORPORATION, CONTRACTOR 
OR SUBCONTRACTOR WHO, FOR A FEE, PAID BY EITHER THE PROSPECTIVE 
EMPLOYER. EMPLOYEE. OR BOTH. (A) PROCURES OR OFFERS OR ATTEMPTS 
TO PROCURE EMPLOYEES FOR PERSONS SEEKING THE SERVICE OF »-*— Q^ 

EMPLOYEES, OR (B) PROCURES OR OFFERS OR ATTEMPTS TO PROCURE ^^ 

EMPLOYMENT FOR PERSONS- SEEKING EMPLOYMENT, OR ICl ENGAGES IN THE , 

BUSINESS OF FURNISHING INFORMATION TO PERSONS SEEKING EMPLOYMENT ^' 

FOR THE PURPOSE OF ENABLING THE PERSONS TO SECURE EMPLOYMENT. P*^ C' 

"EMPLOYMENT AGENCY" INCLUDES fA) ANY PERSON CONDUCTING A BUSINESS ^-* — l> 

WHICH CONSISTS OF EMPLOYING INDIVIDUALS DIRECTLY FOR THE PURPOSE 
OF FURNISHING PART-TIME OR TEMPORARY HELP TO OTHERS; AND fB) ANY 
PERSON. PARTNERSHIP. OR CORPORATION fl) WHOSE FEE IS PAID 100 
PERCENT BY THE EMPLOYER. (II) THAT DOES NOT COLLECT ANY MONEY 
FROM AN APPLICANT . BONA FIDE EDUCATIONAL, RELIGIOUS, CHARITABLE, 
FRATERNAL, AND BENEVOLENT ORGANIZATIONS IN WHICH NO FEE, 

COMMISSION, OR OTHER CHARGE IS MADE FOR SERVICES RENDERED OTHER -^-^ L^ 

THAN THE ORDINARY MEMBERSHIP DUES, BONA FIDE LABOR ORGANIZATIONS ^^ ^ 

UNDERTAKING TO SECURE OR SECURING WORK FOR THEIR OWN MEMBERS, AND .^-^ 

BONA FIDE EMPLOYERS' ORGANIZATIONS UNDERTAKING TO SECURE OR 

229 






^6 



Ord. No. 507 



SECURING HELP FOR THEIR OWN MEMBERS ARE NOT SUBJECT TO THIS 
SUBTITLE. " EMPLOYMENT CQUNGELOP" MEANC A>JY PLACEMENT liAlihGLR, 

PLACEMENT DIRECTOR, COUNSELOR, — INTERVIEWER, OR AIJY OTHER PERSON 

EMPLOYED BY AN EMPLOYMENT AGENCY WHO INTERVIEWS, COUNSELS, OR 
CONFERS WITH JOB APPLICANTS, BUT THE TERM DOES NOT INCLUDE 
EMPLOYEES OF AN EMPLOYMENT AGENCY WHO ARE PRIMARILY ENGAGED IN 
CLERICAL OCCUPATIONS. 

(2) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, 
PARTNERSHIP, JOINT VENTURE, FIRM, ASSOCIATION, COMPANY, OR ANY 
OTHER PUBLIC OR PRIVATE ENTITY, OR REPRESENTATIVE OF ANY KIND. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayo 



CITY OF BALTIMORE 

ORDINANCE NO. 507 

(Council Bill No. 853) 

AN ORDINANCE concerning 

HUCKSTERS ,. HAWKERS AND PEDDLERS - LICENSES 

FOR the purpose of authorising the Board of Licenses for 

HuckatcrQ, — Hawlcora and Peddlers to ootablish increasing the 
annual license fee for hucksters, hawkers and peddlers. 

BY repealing and reordaining with amendments 
Article 15 - Licenses 
Subtitle - Selling in Streets 
Section 100(e) . lOO(J) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 15 - LICENSES 

Selling in Streets 

230 



Ord. No. 508 

100. Peddling in downtown area; Board of Licenses for Hucksters, 
Hawkers, and Peddlers. 

(e) If the Board determines that the application should be 
granted, a license shall be issued upon payment of the license 
fee for ffood peddlers, the fee shall be two hundred fifty 
dollars ($2 5 0.00) $375. 00 and for all other hucksters, hawkers 
and peddlers the fee shall be fifty dollars ($ 5 0.00)] WHICH SHALL 
DC DCTCRMIKED BY THE BOARD $75.00 . If the license is issued after 
June 30 of any year, the initial license fee shall be one-half of 
the annual license fee. 

"(J) All licenses shall expire on December 31 of each year, 
but a license may be renewed if the license has not been revoked 
or suspended, by payment of an annual renewal license fee of [two 
hundred fifty dollars ($250.00)1 $375.00 by food peddlers, and an 
annual renewal license fee of [fifty dollars ($50.00)1 $75.00 by 
all other hucksters, hawkers and peddlers during the month of 
December and prior to the expiration of the license. The license 

shall automatically be revoked if the licensee fails to pay the ^ 

renewal fee prior to the expiration of the license. \f* 

u 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance — ^ Tv 

shall take effect on the 30th day after the date of its . -^ t^ 

enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 508 

(Council Bill No. 854) 

AN ORDINANCE concerning 

JUNK DEALERS - LICENSE FEE 

FOR the purpose of Quthorieing the Board of E s timates to 

es tabli s h increasing the annual license fee for dealers in 
junk dealers , second-hand personal property, consignment 
goods, or antiques. 



BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 

Subtitle - Junk Dealers tC^^ ^v 

Section 47 
Baltimore City-Code (1983 Replacement Volume, as amended) 

231 



-1 






SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 19 - POLICE ORDINANCES 

Junk Dealers 

47.. License fee. 

Each person, firm or corporation dealing in junk , second- 
hand personal property, consignment goods, or antiques within the 
City of Baltimore shall pay for the privilege of conducting such 
business by first taking out an annual license therefor and 
paying an annual license fee in fthe amount of $37 5 ] — AN AMOUNT 
EgTADLISIIED BY THE BOARD OF ESTIMATES $475 for each place of 
business. Said license shall be granted by the Director of 
Finance. The annual license fee hereby imposed shall be 
collectible pursuant to the provisions of Sections 88 and 108 
of Article 15 of this Code. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect 30 days after the date of its enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 509 

(Council Bill No. 855) 

AN ORDINANCE concerning 

LICENSE FEES FOR TOWING COMPANIES 

FOR the purpose of increasing the annual license fee for towing 
companies. 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtitle - Towing Vehicles 
Section 202 (a) , (b) 
Baltimore City Code (198 3 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 



232 



Ord. No. 510 

Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 19 - POLICE ORDINANCES 

Towing Vehicles 

202. Licenses. 

(a) Required. It shall be unlawful for any person to engage 
in towing disabled vehicles from any accident location within the 
City of Baltimore without having first obtained a license from 
the Director of Finance as hereinafter provided, or to do so 
during the suspension or after the revocation thereof. 

(b) Applications; copy. Applications shall be made on forms 
to be furnished by the Police Commissioner. The applicant shall 
pay to the Director of Finance a filing fee of [ten dollars 
($10.00)] $20 when the application is made, which fee shall be 
retained by the Director of Finance to cover initial examination 
and inspection costs, and if the application is approved, shall 
pay the further sum of [five dollars ($5.00)] $10 covering the 

license for the then current year, and thereafter shall pay each L^ 

year the sum of [ten dollars ($10.00)] $20 for a renewal of the 
license. A certified copy of the license must be carried in each 
towing vehicle when in use, and such copies may be obtained on 
payment of a fee of [one dollar ($1.00] $5 each. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 510 

(Council Bill No. 856) 

AN ORDINANCE concerning 

MOBILE RIDING UNITS - LICENSE FEE 

FOR the purpose of Quthorieing the Board of Estimateo to 

e stabli s h increasing the annual license fee for mobile 
riding units. 

BY repealing and reordaining with amendments 
Article 15 - Licenses 



233 



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Ord. No. 511 



Subtitle - Mobile Riding Units 

Section 74 (a) 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 15 - LICENSES 

Mobile Riding Units 

74. Licenses. 

(a) Required; fee. No person, firm or corporation shall 
operate any type of ride or riding device mounted on mobile 
equipment unless he or it shall first have obtained an annual 
license so to do from the Director of Finance, and shall have 
paid an annual license fee [of forty dollara — (0 4 0. 00) ] AC 
DETERMINED BY THE BOARD OF ESTIMATES OF $80.00 for each such ride 
or riding device mounted on mobile equipment. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 511 

(Council Bill No. 857) 

AN ORDINANCE concerning 

MOTOR FUEL RETAIL DEALERS - LICENSE FEE 

FOR the purpose of authorising the Board of Eatiwateo to 

GBtabliah increasing the annual license fee for retail 
dealers of motor fuel. 

BY repealing and reordaining with amendments 
Article 14 - Weights and Measures 
Subtitle - Petroleum Products 
Section 8 
Baltimore City Code (1983 Replacement Volume, as amended) 



234 



Ord. No. 512 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 14 - WEIGHTS AND MEASURES 

Petroleum Products 

8. Licenses. 

No retail dealer shall engage in the business of selling 
motor fuel at retail without first procuring from the Director of 
Finance a license for each station, store, garage or other 
establishment at which his said business is to be conducted. 
Licenses issued under this section shall be issued upon written 
application to the Director of Finance, shall be issued only to 
persons, firms or corporations who own the business to be 
licensed and who are the owners or lessees of the premises on 
which the business is to be conducted, shall be effective from 
the date of their issuance until the first day of January of the 
ensuing year, and shall be renewed annually. A license fee f-e4 
C120,] AC EGTADLIGHED BY THE BOARD OF ECTIMATEG, OF $150 shall 
be paid for the issuance of every such license and every renewal 
thereof. 

Each licensee shall conspicuously display his license at the 
station, store, garage or other establishment to which it 
pertains. The requirements of this section with respect to 
licenses are hereby declared to be in addition to, and not in 
substitution for, license requirements contained in any other 
statute or ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 512 

(Council Bill No. 858) 



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AN ORDINANCE concerning ,c^'t* Y^y 

OPEN AIR GARAGES - LICENSE FEES "^ 

235 



Ord. No. 512 

FOR the purpose of increasing the annual license fee for open air 
garages . 

BY repealing and reordaining with amendments 
Article 15 - Licenses 
Subtitle - Open Air Garages 
Section 75(a) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 15 - LICENSES 

Open Air Garages 

75. Licenses. 

(a) Fee. No person, firm or corporation shall keep an open 

air garage in the City of Baltimore for the parking of motor 
/' vehicles for which a charge is made until he or it shall have 

jt- first obtained an annual license therefor and shall pay an annual 

K license fee of [four dollars and fifty cents ($4.50)] $6 for 

ut every one hundred (100) square feet, or portion thereof of the 

space used for garage purposes. Beginning as of January 1, 1958, 

in computing the area of the space used for garage purposes, 
• there shall be deducted from the total space a uniform allowance 

•' of fifteen per centum (15%) of the total space as an allowance 

for offices, ramps, aisles, toilets and other facilities. For 
•' any such license issued after March 31 and before July 1 of the 

'* license year, the charge shall be three-fourths of that 

prescribed for the entire year; if the license is issued after 
I June 30 and before October 1, the charge shall be one-half of 

^^ that prescribed for the entire year; and if the license is issued 

after September 30, the charge shall be one-fourth of that 

prescribed for the entire year. 

j. Any person, firm or corporation desiring to keep an open air 

garage for an aggregate of not to exceed six months in any one 
k calendar year may obtain a special partial year license, upon the 

(' payment of a license fee in a sum equal to one-twelfth of the 

j charge specified for an annual license fee covering the entire 

year for each monthly period or fraction thereof that the open 
- air garage is to be or is in operation. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
,' shall take effect on the 30th day after the date of its 

enactment. 

236 



Ord. No. 513 



Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 513 

(Council Bill No. 860) 

AN ORDINANCE concerning 

PAWNBROKERS LICENSES 

FOR the purpose of Quthorieing the Board of Eatimates to 

eatQbligh increasing the annual license fee for pawnbrokers. 

BY repealing and reordaining with amendments 
Article 15 - Licenses 
Subtitle - Pawnbrokers 
Section 76 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (198 3 j^^ <:! 

Replacement Volume, as amended) be added, repealed, or amended, ^ ^' 

to read as follows: 



The Director of Finance of Baltimore is hereby authorized to 
grant licenses annually, under the corporate seal, to such 



Zli c- 






ARTICLE 15 - LICENSES 

Pawnbrokers ^r 

76. Licenses. ,^: 



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-, J, ^. , __ -"^"^ 

person, firm or corporation as shall produce to him satisfactory u.-/ 

evidence of his, her, their or its good character, to exercise or • 



carry on the trade or business of pawnbrokers, which license 

shall designate the house in which such person, firm or 

corporation shall respectively be licensed to carry on the said """^ ^ 

trade or business; and each person, firm or corporation receiving VO "^ 

the said license shall pay therefor -f-the sum of one thou s and five ■^-^ -^ 

hundred dollars (01,500.00)] annually [,] A CU>! AC ECTADLICIIED BY -J-- ^ 

THE BOARD OF ECTIMATE£3 $2.000.00 ANNUALLY , and the license 

granted as aforesaid may be renewed on application to the 

Director of Finance each and every year on payment of the same 

sum. 



237 



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:t'lC. 



Ord. No. 514 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 514 

(Council Bill No. 862) 

AN ORDINANCE concerning 

POLE LICENSES 

FOR the purpose of increasing the annual pole license fee and 
clarifying language. 

BY repealing and reordaining with amendments 
Article 28 - Taxes 
Subtitle - Pole Licenses 
Section 50 
Baltimore City Code (198 3 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 28 - TAXES 

Pole Licenses 

50. Fees; metal plates. 

Annually in the first week of January all persons or 
corporations shall pay to the Director of Finance, a fee of [$38] 
$-4-8 $50 for each and every telephone, electric light or other 
pole used, possessed or maintained by them in any of the streets, 
lanes or alleys of the City of Baltimore, except trolley poles[,] 
used exclusively for stringing thereon wires for use in the 
propulsion, by electricity, of street passenger cars. Upon 
receiving the above fee in January, 1948 and subsequent years, 
the Director of Finance shall deliver to the person or 
corporation paying the same a permanent metal plate, with a plain 
and conspicuous number thereon, to be provided in the manner 
prescribed in Section 51, only for such poles for which permanent 
metal plates have not been issued prior thereto; and the Director 

238 



Ord. No. 515 



of Finance shall also keep a record of the name of the person or 
corporation to whoin the license is issued, and the number of 
poles for which license fees are paid; he shall also deliver to 
such person or corporation a certificate that such person or 
corporation has paid the required license fee for that year, on 
the specified number of poles, and that permanent metal plates of 
the given numbers have been issued therefor; such person or 
corporation shall then have one of such permanent metal plates 
securely fastened in some conspicuous place upon each of the 
poles used, possessed or maintained by it or him. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

a 

ORDINANCE NO. 515 \J, 

(Council Bill No. 863) ' ""^f C"- 

AN ORDINANCE concerning 

SELLING IN THE STREETS - LICENSES 

FOR the purpose of authorising the Board of Eotimatcs to 7t^ ^^ 

e3tQbli3h increasing the annual license fee for sale of food 
in the streets. 

BY repealing and reordaining with amendments 
Article 15 - Licenses 
Subtitle - Selling in Streets 
Section 96 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 15 - LICENSES 

Selling in Streets 

96. Same; licenses. 



239 



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Ord. No. 516 



Any person or persons desiring to sell fresh fruits, 
vegetables or other food or food products from any wagon or other 
vehicle in the streets or highways of Baltimore City shall apply 
to the Director of Finance of Baltimore City for a license 
therefor and shall pay to said Director of Finance the fsum of 
five dollars (05)] A CUM DETERMINED BY THE BOARD OF CGTI>4ATEg; 
$10 and any person or persons desiring to sell fresh fruits, 
vegetables or other food or food products from any basket or 
push-cart in the streets or highways of Baltimore City shall 
apply to the Director of Finance of Baltimore City for a license 
therefor, and shall pay to said Director of Finance fthe sum of 
two dollar s {t>2) ] A GUM DETERMINED BY THE BOARD OF ECTIMATEC. No 
$4 . No license shall be issued for part of a year. A license 
shall only be issued to an applicant who has a valid food permit 
from the Baltimore City Health Department. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 

enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 516 

(Council Bill No. 864) 

AN ORDINANCE concerning 

STORAGE CHARGES AT THE IMPOUNDING LOT 

FOR the purpose of increasing the storage charges for non- 
commercial vehicles. 



BY repealing and reordaining with amendments 
K Article 31 - Transit and Traffic 

I' Subtitle - Clear Streets 

4^ Section 96(e) 

J Baltimore City Code (1983 Replacement Volume, as amended) 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF I 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 ! 
Replacement Volume, as amended) be added, repealed, or amended, ; 
to read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Clear Streets 

240 ; 



Ord. No. 517 



96. Owner of vehicle to be sought. 

(e) Storage charges to be collected shall be at the rate of 
[$15.00] $25 for each vehicle (other than a commercial vehicle as 
defined in the State Motor Vehicle Act) delivered to the storage 
area, this cost to cover storage for a period not exceeding two 
consecutive days or a total of 48 hours. Charges for commercial 
vehicles shall be such as may be established and made public by 
the Director. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 517 (/ 

u 

(Council Bill No. 865) ^ "Z 

AN ORDINANCE concerning 

THEATRES - LICENSES ) 

w 

FOR the purpose of Quthorieing the Board of Eatimatea to -* ** 

eatablioh increasing the annual license fee for for profit *X-'^ ^' 

theatres , motion picture theatres, halls used for --^ 

entertainment, sports centers, and museums; and deleting an — ^ 

obsolete penalty provision . rzj^ C, 



BY repealing and reordaining with amendments 
Article 15 - Licenses 



-«- 1 



Subtitle - Amusements Z^^ 

Section 14 

Baltimore City Code (1983 Replacement Volume, as amended) 



t 

c 

BY repealing ""iZ ^ 

Article 15 - Licenses "^O "' 

Subtitle - Amusements "X*^ — 

Section 16 -J— ^ 

Baltimore City Code (1983 Replacement Volume, as amended) J J / 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 22i V 

Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

241 



13 



Ord. No. 518 

ARTICLE 15 - LICENSES 

Amusements - Theatres 

14. Theatres. 

It ahall bo the duty of every proprietor of any theatre or 
mus e um, — b e fore th e y p e rmit any per s on or per s ons whatsoever to 
use such theatre or museum for the purpose of acting, — playing or 
performing any play, — farce, — interlude, — opera or other theatrical 
or dramatic performanc e , — or any s cene, — s el e ction or portion of 
any play, — farce or drama of any description; OR A}J¥ MOTION 
PICTURE, — for gain, — to obtain — [from the Mayor the — licen s e required 
by this ordinance, — e ither — in th e ir own names or in those of the 
managers of such performance, — under] A LICCNGE FROM THE DIRECTOR 
or FINANCE FOR WHICH THERE GIIALL BE A>fNUALLY RAID A GUM 
DETERMINED BY THE BOARD OF EDTIMATEG. PERGONC FAILING TO COMPLY 
CHALL BE GUBJECT TO a penalty of twenty dollars. 

IT SHALL BE THE DUTY OF THE OWNER OF A FOR PROFIT THEATRE. 
MOTION PICTURE THEATRE. HALL USED FOR ENTERTAINMENT. SPORTS 
CENTER OR MUSEUM. BEFORE PERMITTING ANY PERSON TO USE SUCH 
FACILITY FOR GAIN. TO OBTAIN A LICENSE FROM THE DIRECTOR OF 
FINANCE FOR AN ANNUAL FEE OF $165. 

[16. Exemption for occupants. 

The owner or lessee of any hall or theatre, on the payment 
to the Director of Finance of fifty dollars shall have the 
occupants of his or their hall or theatre exempted from license 
for one year. ] 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 



Approved June 6, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 518 
(Council Bill No. 868) 
AN ORDINANCE concerning 

GYPSIES 



242 



Ord. No. 518 

FOR the purpose of repealing the license f-ee provisions for 
Gypsies. 

BY repealing 

Article 15 - Licenses 

Subtitle - Gypsies 

Section 54 -57 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 15 - LICENSES 

[Gypsies 
54. License required. 

It shall not be lawful for any roving bands of nomads, 
commonly called gypsies, or any person or persons composing any 

such bands, who have no permanent place of abode in the State of L^ 

Maryland, to pitch or settle its or their encampment or carry on 
its or their business or transaction or practice their craft 
within the limits of the City of Baltimore unless they, or some 
of them, shall first obtain from the Director of Finance of said 
City a license for such bands to pitch or settle its or their ] 

encampment or carry on its or their business or practice their ^ 

craft in said City, for which shall be paid by the person /^ ^^ 

applying for such license to said Director of Finance the sum of Y— '^ 

one thousand dollars, for the use of said city, each license to :zC 

to be issued in the name of the band for which such license is ' .- -- ^ 
obtained, and if the band for which such license is obtained has -^lS! Q 

no name by which the same is generally known by its members, then ^ 

the party applying for such license shall designate to the 
Director of Finance what name he desires such band to be called 
in the license to be issued, and such license, when issued, shall 
not entitle such band named in such license, or any of its ^ 

members, to return and pitch or settle its or their encampment or w,,^ ^ 

carry on their business or transactions or practice their craft ^^ ^ 

after moving beyond the limits of said City. -3- Zi"^ 



55. Same; penaltv provisions. 



u 



'5" 



.0 - 

Bands of roving nomads, commonly called gypsies, or any -*-J ^ ^ 

person or persons composing such band or bands, violating any of "^"^ ^^ 

the provisions of Section 54 of this Article, shall upon Z!!^ 

indictment and conviction, be deemed guilty of a misdemeanor, and 22- K 

shall be punished by a fine of not less than one hundred dollars — -^ *i, 

nor more than five hundred dollars, and may, in the discretion of "" 
the Court, in addition, be confined in the Maryland House of 

243 



Ord. No. 518 

Correction for not less than three nor more than six months. 

56. Enforcement. 

Whenever any proper officer of the lav shall arrest any 
person or persons composing such band or bands, as aforesaid, the 
sheriff of Baltimore City or any constable acting within 
his authority in Baltimore City shall seize all the property in 
the possession of such band or any of its members, and hold the 
same until after the trial of the person or persons so arrested: 
and if at the trial such person or persons, or any of them, shall 
be convicted of a violation of any of the provisions of this 
subtitle, then such constable or the sheriff, as the case may be. 
shall proceed to sell the same, or as much thereof as may be 
necessary after giving at least ten days' notice of the said sale 
to satisfy and pay the fine or fines and the cost adjudged 
against the person or persons so convicted, together with the 
cost and expenses of keeping such property; and such constable or 
sheriff, as the case may be. shall be entitled to the same fees 
or the taking and selling such property as are allowed to the 
said City where the offense is committed, for seizing and selling 
personal property under a writ of Fieri Facias, provided, that 
when any person or persons composing such band or bands as 
aforesaid shall be arrested as provided in this subtitle, the 
constable or sheriff making such arrest or arrests shall upon 
request of such person or persons so arrested, take him or them 
before the Director of Finance of said City, and if the person or 
persons so arrested, or any other person, shall at any time or 
within five days thereafter take out such license as provided in 
Section 54 of this subtitle for the band of which the person or 
persons so arrested are members, then the constable or sheriff, 
as the case may be. upon the production to him of a written 
notice signed by the said Director of Finance that license has 
been issued for the band of which the person or persons in his 
custody are members, and the payment to him of all costs and 
expenses of the arrest or arrests or the seizure of the property, 
as aforesaid, and the further sum of ten dollars for each and 
every person so arrested and in his custody, shall release such 
person or persons, and shall pay over the amount or amounts so 
collected, after deducting all costs, as aforesaid, as the same 
would be paid were it a fine imposed bv the Criminal Court of 
Baltimore City. 

57. Proof. 

It shall not be necessary for a conviction for violations of 
any of the provisions of this subtitle for the State to prove 
than any person or persons charged with any such violation has or 
have no permanent place of abode in this State, but the burden of 
proving that such person or persons have a permanent place of 
abode in this State shall be upon the traverser. 1 

244 



I 



Ord. No. 519 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 519 

(Council Bill No. 869) 

AN ORDINANCE concerning 

BUILDING CODE FEES 

FOR the purpose of increasing the fees for construction and 
alteration permits provided in the Building Code. 

BY repealing and reordaining with amendments ^ 

Article 32 - Building Code C/- 

Section 114.4.3.1 -114.4.3.5 Lt 

Baltimore City Building Code (1987 Edition, as amended) r^,^ 'T 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF '^'^ ^ 

BALTIMORE, That Section (s) of the Baltimore City Building Code " T" 
(1987 Edition, as amended) be added, repealed, or amended, to 

read as follows: ^ 

ARTICLE 32 - BUILDING CODE .1 ^ 

114.0 Fees ^-^ ^ 

1. Furnaces and fuel burning equipment other than gas- !!.«. *^ 

fired, including heating systems, shall be: .— ^ 

u 

BTU per hour input per unit Fee a^,^ ^ 

— 200,000 [$13] $20 ^ 

200,001-500,000 $35 VT ^ 

Over 500,000 $65 " "^ .- 

Maximum $650 

No fee shall be charged for fuel tanks, not exceeding 550 
gallons, when installed in conjunction with oil burners. 

Domestic appliances including water heaters not exceeding 
200,000 BTU per hour input: ^-t3- $20 per unit (includes 
plumbing fee) . 

245 



114.4.3 Permit fees for mechanical work: 



Ord. No. 520 

Major alterations and repairs: 50 percent of the above rate] 
minimum $^t^ S20 

2. Air conditioning and refrigeration systems, including air 
handling and distribution eguipment (1 ton equals 12.000 BTU 
per hour): $4 per ton; minimum r$131 $20; maximum $125 per 
unit. 

3. Ventilation systems: $4 for each 1.000 cubic feet of air 
per minute; minimum r$131 $20; maximum $125. 

4. Unfired pressure vessels: r$251 $35 each. 

5. Gas fuel-burning equipment: 

BTU per hour input per unit Fee 

— 200.000 r$13 $20 

200.001 — 500.000 . . . . . $35 

Over 500.000 . . . ." . . $65 

Maximum $650 

I' Domestic gas appliances, not exceeding 200.000 BTU per hour 

••: input; minimum r$13 1 $20. Gas-fire waterheaters. new 

*' installations, not exceeding 200.000 BTU per hour input: 

" r$l3 1 $20 each (includes plumbing fee). Replacing gas-fired 

m- water heaters, not exceeding 200.000 BTU per hour input: 

* r$13 1 $20 each ( includes plumbing fee). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on February 1, 1990. 



Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
\r ORDINANCE NO. 52 

'' (Council Bill No. 872) 

,* 

I. AN ORDINANCE concerning 

I 

PARKING AND STOPPING FINES 

II* 

"^ FOR the purpose of increasing the penalties imposed for the late 

r payment of parking fines. 



246 



Ord. No. 521 

By repealing and reordaining with amendments 
Article 31 - Transit and Traffic 
Subtitle - Parking and Stopping Fines, Penalties and 

Procedures 
Section 154 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE TT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Parking and Stopping Fines, Penalties and Procedures 

154. Imposition of penalties. 

In the event that the person receiving a citation for a 
violation has failed to pay the appropriate fine for the 
violation by the date of payment set forth on the citation and 

has failed to file a notice of his intention to stand trial for l-^ 

such offense, a formal notice of the violation shall be sent to 
the owner's last known address. If, within fifteen (15) days, ^ 

from the date of the notice, the citation has not been satisfied, ■?!l!! ^ 

he shall be liable for a penalty of [six dollars ($6)] $8 for "" ^ 

each month or fraction thereof until said citation is satisfied. 



enactment. 

Approved June 6, 1990 



u 



In the event that the State Motor Vehicle Administration is "^ ^^ 

requested to refuse registration or transfer of registration of -- 

the subject vehicle until the charge has been satisfied, a 
further penalty of [twenty dollars ($20) ] $25 shall be imposed. 

-- D 

These penalties shall be in addition to and be collected m ^' 

the same manner as all fines imposed under Section 152. , -» 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance — -? 

shall take effect on the 30th day after the date of its '• \^ 

KURT L. SCHMOKE, Mayor y^ ^ 

^-C 

CITY OF BALTIMORE -*-J /• ■ 

ORDINANCE NO. 521 ""^Tl 

(Council Bill No. 873) 
AN ORDINANCE concerning 

247 



Ord. No. 521 

CHARGE FOR WORTHLESS CHECKS 

FOR the purpose of increasing the charge for worthless checks. 

BY repealing and reordaining with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 

Subtitle - Worthless Checks 

Section 151 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND MUNICIPAL AGENCIES 

Worthless Checks 

151. Presentation to city prohibited; penalty. 

There is hereby imposed a charge of [fifteen dollars ($15)] 
$3 for each and every check or like written instrument which is 
not paid in full for any reason, other than an act of fault or 
neglect on the part of the Mayor and City Council of Baltimore, 
by the financial institution upon which it is drawn when on first 
return indicates 'No Funds' or 'Account Closed' or when presented 
a second time for payment or dishonored regardless of reason 
(hereinafter designated as "worthless instrument") on every 
person or other legal entity who presents any such worthless 
instrument to the Mayor and City Council of Baltimore or the 

* Director of Finance of Baltimore City, or any of their agents or 
' employees, in payment of any tax, charge, fee, assessment or 

impost of any kind levied or imposed under any law, ordinance, 
i„ rule or regulation. When the instrument is submitted in payment 

1^ of more than one city bill, then this charge shall be imposed on 

each bill. Such charge (s) shall be collected by the Director of 
Finance of Baltimore City, and shall be a lien upon the property 
' involved in any particular case and shall be recorded in the Tax 

[♦ Lien Record maintained by the Collection Division in all 

'• appropriate cases, in the same manner and to the same extent as 

'C the tax, charge, fee, assessment or impost in connection with 

ft which the worthless instrument was presented in payment is 

1^ collected and is a lien upon property and is recorded in the 

'- aforesaid Tax Lien Record. 

* SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
J shall take effect on the date of its enactment. 

IT 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayor 

248 



Ord. No. 522 

CITY OF BALTIMORE 

ORDINANCE NO. 522 

(Council Bill No. 874) 

AN ORDINANCE concerning 

BEVERAGE CONTAINER TAX 

FOR the purpose of deleting the sunset provisions of the enacting 
ordinance. 

BY repealing 

Ordinance 313 

Section 2 

Approved June 26, 1989 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

BALTIMORE, That Section 2 of Ordinance No. 313, approved June 26, ^ 

1989, is hereby repealed and the expiration date stated herein is C/* 

hereby rescinded. iS 

[SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance and -^ C^ 

the tax imposed by it shall expire and be of no further effect on •'3— ^ 

June 30, 1990. ] " - f- 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance I 

shall take effect on the date of its enactment. . '" ' 

Approved June 6, 1990 ;:^[^ 

KURT L. SCHMOKE, Mayor ~— ^ 



CITY OF BALTIMORE 

ORDINANCE NO. 52 3 

(Council Bill No. 887) 

AN ORDINANCE concerning 

CARRIAGES, WAGONS, BOATS AND SCOWS - LICENSES 

FOR the purpose of authorising the Board of Estimatoo to 

es tabli s h increasing the annual license fee for carriages 
wagons, boats and scows. 

BY repealing and reordaining with amendments 
Article 15 - Licenses 
Subtitle - Carriages, wagons, boats and scows 

249 






Ord. No. 523 



Section 36 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 15 - LICENSES 

Carriages, wagons, boats and scows 

36. Same; fees. 

[The owner or owners of any carriage, boat or scow, 
obtaining license therefor, shall pay the Director of Finance fo 
the use of the city, for every hackney coach, cab or other 
pleasure carriage kept for hire, and for every wagon, cart, or 
other carriage of burden, drawn by one or more horses or mules 
ten dollars ($10.00) for the annual license; for each boat (othe 
than an open rowboat) or scow, forty dollars ($40.00) for the 
annual license; for every package cart, five dollars ($5.00) for 
the annual license; transfers of any of these licenses must be 
made at the office of the City Collector, and no charge must be 
made therefor.] 

THE BOARD OF ESTIMATES GIIALL EGTABLIGII SEPARATE A>JWUAL 
LICENSE FEES FOR ; 

THE OWNER OF ANY CARRIAGE. BOAT. OR SCOW SHALL PAY THE 
FOLLOWING ANNUAL LICENSE FEE: 

(1) HACKNEY COACHES, CABS OR OTHER PLEASURE CARRIAGES KEPT 
FOR HIRE, AND WAGONS, CARTS OR OTHER CARRIAGES OF BURDEN DRAWN B 
ONE OR MORE HORSES-^ ^2^ 

(2) BOATS (OTHER THAN OPEN ROWBOATS) . WATER TAXIS. AND 
SCOWS-r -ANB MO 

(3) PACKAGE CARTS _ ^ lO 

THE OWNERS SHALL PAY THE FEES TO THE DIRECTOR OF FINANCE. 
TRANSFER OF ANY OF THESE LICENSES MUST BE MADE AT THE OFFICE OF 
THE CITY COLLECTOR, AND NO CHARGE MU&5' WILL BE MADE THEREFOR. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 6, 1990 

KURT L. SCHMOKE, Mayo 

250 



I 



Ord. No. 524 



CITY OF BALTIMORE 

ORDINANCE NO. 524 

(Council Bill No. 1006) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore to sell, either at public or private sale, all of 
the interest of the Mayor and City Council of Baltimore in 
and to a certain parcel of land no longer needed for highway 
or other public use and known as Fairmount Avenue, 16 feet 
wide, extending from Paca Street, Easterly 140 feet, more or 
less, to a 20 foot alley. 

BY authority of 

Article V - Comptroller 

Section 5 (b) C/V' 

Baltimore City Charter (1964 Revision, as amended) iS 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF -^ C^ 

BALTIMORE, That the Comptroller be and he is hereby authorized to ;' »' «^ 

sell, either at public or private sale, in accordance with " Q 

Article V, Section 5(b) of the City Charter (1964 Revision, as 
amended) , all of the interest of the Mayor and City Council of 
Baltimore in and to Fairmount Avenue, 16 feet wide, extending 
from Paca Street, Easterly 140 feet, more or less, to a 20 foot 
alley, in the City of Baltimore, and described as follows: 



c 



Beginning for the same at the point formed by the 
intersection of the east side of Paca Street, 110 feet wide, and 
the north side of Fairmount Avenue, 16 feet wide, and running 
thence binding on the east side of said Paca Street, Southerly 16 
feet, to intersect the south side of said Fairmount Avenue; 
thence binding on the south side of said Fairmount Avenue, •» 

Easterly 140 feet, more or less, to the west side of a 20 foot .^^ 

alley laid out in the rear of the property known as No. 3 through 
7 N. Paca Street; thence binding on the line of the west side of "^ t^ 

said 20 foot alley, if projected northerly. Northerly 16 feet, *J^ .^ 

more or less, to intersect the north side of said Fairmount ^ ^ 

Avenue and thence binding on the north side of said Fairmount 
Avenue, Westerly 14 feet, more or less, to the place of 
beginning. 

Said property being no longer needed for public use. 7^^ y^ 

13^ 



251 



Ord. No. 525 



SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 18, 1990 

KURT L. SCHMOKE, Mayor 



'C 



CITY OF BALTIMORE 

ORDINANCE NO. 525 

(Council Bill No. 1011) 

AN ORDINANCE concerning 

CITY STREET - OPENING CERTAIN STREETS OR PORTIONS THEREOF 
LYING WITHIN THE INNER HARBOR EAST URBAN RENEWAL PROJECT. 

FOR the purpose of condemning and opening certain streets or 

portions thereof lying within the Inner Harbor East Urban 
Renewal Project in accordance with a plat thereof numbered 
305-C-3 prepared by the Survey Control Section and filed in 
the Office of the Department of Public Works, on the first 
(1st) day of May, 1990. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
(^ hereby authorized and directed to condemn and open certain 

;' streets or portions thereof lying within the Inner Harbor East 

(^ Urban Renewal Project; the streets or portions thereof hereby 

,# directed to be condemned for said opening described as follows: 

I. BEGINNING for Parcel No. 1 at a point on the East side of 

President Street, 60 feet wide, said point being distant 17.28 

\ feet Northerly from the Northeast corner of Lancaster Street, 100 

feet wide, and President Street, 60 feet wide, thence running 
Northerly and binding on said East side of President Street, (1) 
North 03 -10 '-34" West, 173.99 feet; thence crossing President 
Street, (2) South 76 -56- '36" West, 60.90 feet to a point on the 
West side of President Street, being distant 45.77 feet Southerly 

2 52 



Ord. No. 525 

from the Southwest corner of Aliceanna Street, 70 feet wide, and 

President Street, 60 feet wide, thence running Southerly and 

binding on said West side of President Street, (3) South 

03 -10 '-34" East, 120.99 feet; thence crossing said President 

Street, (4) Southeasterly along a curve to the left, having a 

radius of 200.00 feet, for a distance of 73.98 feet, being 
subtended by a chord bearing and distance of South 57" -49 '-46" 
East, 73.56 feet to the point of BEGINNING. 

BEGINNING for Parcel No. 2 at a point on the South side of 
Aliceanna Street, 70 feet wide, said point being distant 43.07 
feet Easterly from the Southeast corner of Albemarle Street, 60 
feet wide, and Aliceanna Street, 70 feet wide; thence running 
Easterly and binding on said South side of Aliceanna Street, (1) 
North 86- -48 '-57" East, 174.41 feet; thence leaving said 
Southerly side of Aliceanna Street and running for lines of 
division through said Aliceanna Street for the following three 
courses and distances, (2) North 03"-10'-34" West, 8.00 feet; (3) 
South 86--48'-57" West, 171.87 feet; (4) Southwesterly along a 
curve to the right, having a radius of 103.00 feet, for a 

distance of 8.40 feet, being subtended by a chord bearing and C/V 

distance of South 14^-28'-02" West, 8.40 feet to the point of LX 

BEGINNING. ,.^ "T 

jh a 

BEGINNING for Parcel No. 3 at the point formed by the '"J^ ^ 

intersection of the East side of Albemarle Street, 60 feet wide, .,!|^ Q; 

and the North side of Lancaster Street, 100 feet wide, running '"*"^ -y 

thence Westerly binding on said North side of Lancaster Street, """^ ^ 

(1) South 87^ -34 '-55" West, 19.13 feet; thence leaving said *— "^ 

Lancaster Street and running for lines of division through the Y.^ "^ 

aforementioned Albemarle Street for the following two courses and -j^ 

distances, (2) North 03"'-10'-34" West, 168.50 feet; (3) ZZl ^. 

Northeasterly along a curve to the left, having a radius of ^21 Q 
103.00 feet, for a distance of 21.23 feet, being subtended by a '■ 

chord bearing and distance of North 6l'-16'-58" East, 21.19 feet 

to a point on the aforementioned Easterly side of Albemarle "1;;^ ^^ 

Street, thence binding on said Albemarle Street, (4) South ^]^ 
03--10'-34" East, 177.89 feet to the point of BEGINNING. q,. 

BEGINNING for Parcel No. 4 at a point on the South side of \. 

Aliceanna Street, 70 feet wide, said point being distant 215.23 ^^ L^ 

feet Westerly from the Southwest corner of Central Avenue, 100 ""* 

feet wide, and Aliceanna Street, 70 feet wide; thence running ^^ 

Westerly and binding on said South side of Aliceanna Street, (1) J— ^ 

South 86 -48 '-57" West 134.99 feet; thence leaving said Southerly jj T^- 
side of Aliceanna Street and running for lines of division 
through said Aliceanna Street for the following three courses and 
distances, (2) North 03--10'-34" West, 8.00 feet; (3) North 
86--48'-57" East, 134.99 feet; (4) South 03'-10'-34" East, 8.00 
feet to the point of BEGINNING. 

253 



c 



Ord. No. 525 



BEGINNING for Parcel No. 5 at the point formed by the 
intersection of the West side of Central Avenue, 100 feet wide, 
and the South side of Aliceanna Street, 70 feet wide, running 
thence Westerly and binding on said South side of Aliceanna 
Street, (1) South 86 -48 '-57" West, 162.23 feet; thence leaving 
said Southerly side of Aliceanna Street and running for lines of 
division through said Aliceanna Street for the following five 
courses and distances, (2) North 03--10'-34" West, 2.00 feet; (3) 
Northeasterly along a curve to the right, having a radius of 6.00 
feet for a distance of 9.42 feet, being subtended by a chord 
bearing and distance of North 41 -49'-ll" East, 8.48 feet; (4) 
North 86 -48 '-57" East, 151.75 feet; (5) Southeasterly along a 
curve to the right, having a radius of 4.50 feet, for a distance 
of 7.09 feet, being subtended by a chord bearing and distance of 
South 48 -01'-49" East, 6.38 feet; (6) South 02'-52'-36" East, 
3.48 feet to the point of BEGINNING. 

BEGINNING for Parcel No. 6 at a point on the North side of 
Aliceanna Street, 70 feet wide, said point being distant 8.81 
feet Easterly from the Northeast corner of Aliceanna Street, 70 
feet wide and President Street, 60 feet wide, thence running 
Easterly and binding on said North side of Aliceanna Street, (1) 
North 86 -48'-57" East, 136.93 feet; thence leaving said 
Northerly side of Aliceanna Street and running for lines of 
division through said Aliceanna Street for the following four 
courses and distances, (2) Southwesterly along a curve to the 
left, having a radius of 103.00 feet, for a distance of 20.57 
feet, being subtended by a chord bearing and distance of South 
10'-50'-15" West, 20.54 feet; (3) South 76^-56'-36" West, 125.64 
feet; (4) Northwesterly along a curve to the right, having a 
radius of 5.00 feet, for a distance of 8.40 feet, being subtended 
by a chord bearing and distance of North 54''-55'-2 3" West, 7.4 5 
feet; (5) North 06'-47'-21" West, 36.93 feet to the point of 
BEGINNING. 

BEGINNING for Parcel No. 7 at a point on the South side of 
Aliceanna Street, 70 feet wide, said point being distant 54.85 
feet Easterly from the Southwest corner of Albemarle Street, 60 
feet wide, and Aliceanna Street, 70 feet wide; thence running 
Westerly and binding on said South side of Aliceanna Street; (1) 
South 86 -48'-57" West, 97.17 feet; thence leaving said South 
side of Aliceanna Street; (2) Northerly along a curve to the 
right, having a radius of 60.00 feet, for a distance of 74.74 
feet, being subtended by a chord bearing and distance of North 
03' -25 '-37" West, 70.00 feet to a point on the Northerly side of 
said Aliceanna Street, 70 feet wide, thence running Easterly and 
binding on said Aliceanna Street; (3) North 86" -48 '-57" East, 
97.76 feet; thence leaving said North side of Aliceanna Street; 
(4) Southerly along a curve to the right, having a radius of 
60.00 feet, for a distance of 74.74 feet, being subtended by a 



254 



:hord bearing atid distance of South 02 
:o the point of BEGINNING. 



Ord. No. 525 



•56'-30" East, 70.00 feet 



BEGINNING for Parcel No. 8 at the point formed by the 
.ntersection of the line of the West side of Central Avenue, 100 
:eet wide if projected Southerly and the South side of Lancaster 
Street, 100 feet wide and running thence binding on the South 
;ide of said Lancaster Street, South 87 -34 '-53" West, 975.43 
'eet to intersect the West side of President Street, 60 feet 
;ide; thence binding on the West side of said President Street, 
lorth 03 -10 '-34" West, 91.13 feet; thence by a line curving to 
:he left with a radius of 252.00 feet the distance of 149.62 feet 
;hich area is subtended by a chord bearing South 75 '-24 '-35" 
^ast, 147.43 feet, and thence by straight lines the two following 
:ourses and distances; namely, North 87^^-34 '-53" East, 835.27 
:eet and South 02' -52 '-36" East, 48.00 feet to the place of 
BEGINNING. 



BEGINNING for Parcel No. 9 at the point formed by the 
.ntersection of the West side of Albemarle Street, 60 feet wide, 
ind the South side of Aliceanna Street 70 feet wide, and running 
ihence Southerly binding on said Westerly side of Albemarle 
;treet; (1) South 03^-10'-34" East, 24.46 feet; thence leaving 
;aid West side of Albemarle Street and running for a line of 
livision through said Albemarle Street; (2) Northeasterly along a 
:urve to the left, having a radius of 60.00 feet, for a distance 
)f 62.91 feet, being subtended by a chord bearing and distance of 
lorth 62*-' -4 6 '-50" East, 60.07 feet to a point on the Southerly 
side of the aforementioned Aliceanna Street; thence binding 
Westerly thereon; (3) South 86^ -48 '-57" West 54.85 feet to the 
)oint of BEGINNING. 

BEGINNING for Parcel No. 10 at the point formed by the 
intersection of the North side of Aliceanna Street, 70 feet wide, 
ind the Northeast side of East Falls Avenue, thence running 
Westerly binding on the North side of said Aliceanna Street, (1) 
South 86'-^ -48 '-57" West, 10.22 feet; thence leaving said Aliceanna 
street and running for lines of division through said East Falls 
Wenue for the following two courses and distances, (2) North 
L5--06'-37" West, 277.43 feet; (3) Northerly along a curve to the 
right, having a radius of 51.00 feet, for a distance of 32.30 
:eet, being subtended by a chord bearing and distance of North 
)3--01'-55" East, 31.76 feet to a point on the Southerly side of 
"leet Street, 70 feet wide, thence running Easterly binding on 
said south side of Fleet Street, (4) North 86^" -51 ' -30" East 0.11 
!oot to the point formed by the intersection of the south side of 
^'leet Street, 70 feet wide and the Northeast side of East Falls 
Wenue, and thence running Southerly binding on said Northeast 
side of East Falls Avenue, (5) South 15^-06'-37" East, 309.70 
^eet to the point of BEGINNING. 



u 
u 

:^ o 

r 
L 









255 



Ord. No. 525 



BEGINNING for Parcel No. 11 at a point on the South side of 
Fleet Street, 70 feet wide, said point being distant 9.61 feet 
Easterly from the Southwest corner of Fleet Street, 70 feet wide, 
and President Street, 60 feet wide, thence running Westerly and 
binding on said South side of Fleet Street; (1) South 86^' -51 '-30" 
West, 200.47 feet; thence leaving said Southerly side of Fleet 
Street and running for lines of division through said Fleet 
Street for the following four courses and distances; (2) ■ 
Northeasterly along a curve to the right, having a radius of 
51.00 feet, for a distance of 58.47 feet, being subtended by a 
chord bearing and distance of North 54"^ -00 "-58" East, 55.32 feet; 
(3) North 86 -51'-30" East, 136.11 feet; (4) Southeasterly along 
a curve to the right, having a radius of 17.00 feet, for a 
distance of 25.67 feet, being subtended by a chord bearing and 
distance of South 49^ -57 '-56" East, 23.30 feet; (5) South 
06 -47 '-21" East, 14.09 feet to the point of BEGINNING. 

BEGINNING for Parcel No. 12 at the point formed by the 
intersection of the North side of Aliceanna Street, 70 feet wide, 
and the West side of President Street, 60 feet wide, thence 
running Northerly and binding on the West side of President 
Street; (1) North 03^-10'-34" West, 302.87 feet to the point 
formed by the intersection of the South side of Fleet Street, 70 
feet wide and the West side of President Street, 60 feet wide, 
thence running Easterly binding on said Fleet Street; (2) North 
86' -51 '-30" East, 9.61 feet; thence leaving said Fleet Street and 
running through said President Street; (3) South 06^ -47 '-21" 
East, 303.47 feet to a point on the Northerly side of Aliceanna 
Street, 70 feet wide, thence running Westerly binding on said 
Aliceanna Street; (4) South 86^ -48 '-57" West, 28.73 feet to the 
point of the BEGINNING. 

BEGINNING for Parcel No. 13 at a point on the North side of 
Aliceanna Street, 70 feet wide, said point being distant 10.22 
feet Westerly from the Northeast corner of Aliceanna Street, 70 
feet wide, and East Falls Avenue, 60 feet wide; thence running 
easterly and binding on said North side of Aliceanna Street; (1) 
North 86— 48 '-57" East, 165.66 feet; thence leaving said 
Northerly side of Aliceanna Street and running for lines of 
division through said Aliceanna Street for the following three 
courses and distances; (2) South 06""^ -47 ' -21" East, 47.18 feet; 
(3) Southwesterly along a curve to the right, having a radius of 
2.50 feet, for a distance of 3.65 feet, being subtended by a 
chord bearing and a distance of South 35 -04 '-38" West, 3.34 
feet; (4) South 76'""' -56 ' -36" West, 118.36 feet to a point on the 
Southerly side of the aforementioned Aliceanna Street, thence 
binding thereon; (5) South 86^ -48 '-57" West, 31.44 feet; thence 
leaving said Southerly side of Aliceanna Street and running for 
further lines of division through Aliceanna Street for the 
following two courses and distances; (6) Northwesterly along a 
curve to the right, having a radius of 16.00 feet, for a distance 



256 



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Ord. No. 525 

of 11.03 feet, being subtended by a chord bearing and distance of 
North 34 -51 '-13" West, 10.81 feet; (7) North 15''-06'-37" West, 
62.14 feet to the point of BEGINNING. 

BEGINNING For Parcel No. 14 at the point formed by the 
intersection of the South side of Fleet Street, varying and the 
East side of President Street, 60 feet wide, thence, running 
Southerly and binding on said East side of President Street, (1) 
South 03"-10'-34" East, 163.27 feet; thence leaving said East 
side of President Street and running for a line of division, (2) 
North 06' -47 '-21" West, 163.60 feet to a point on the 
aforementioned South side of Fleet Street, thence binding on said 
Fleet Street, (3) North 86" -51 • -30" East, 10.31 feet to the point 
of BEGINNING. 

BEGINNING for Parcel No. 15 at the point formed by the 
intersection of the Southwest side of East Falls Avenue, and the 
North side of Fleet Street, 70 feet wide, and running thence 
binding on the Southwest side of East Falls Avenue, (1) South 

15'-06'-37" East, 452.85 feet to a point on the Northerly side 
of Aliceanna Street, 70 feet wide, thence running Easterly and 

binding on said Aliceanna Street, (2) North 86-^ -48 '-57" East, U. 

17.16 feet; thence leaving said Aliceanna Street and running for 
a line of division through said East Falls Avenue, (3) North 
15^ -06 '-37" West, 452.83 feet to a point on the aforementioned '"'^ <^ 

North side of Fleet Street; thence running Westerly and binding 'i-* Q 

on said Fleet Street, (4) South 86'-'"-51 • -30" West, 17.17 feet to " "j p 

the point of BEGINNING. ' ^ 

All courses and distances in the above descriptions are 
referred to the true meridian as adopted by the Baltimore Survey 
Control System. 

The said streets or portions thereof as directed to be 
condemned being delineated and particularly shown on a plat 
numbered 305-C-3 which was filed in the Office of the Department 
of Public Works on the first (1st) day of May in the year 1990 
and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works, with reference to the „,^ «-* 

condemnation and opening of said streets or portions thereof and 
the proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any 
and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City (1964 
Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all Ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have been 

257 



Ord. No. 526 



adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That any franchises, 
rights, or rights of way heretofore granted by ordinance to any 
railroad companies in the streets or land affected by this 
ordinance are hereby repealed by this ordinance. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 



i 



Approved June 18, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 526 

(Council Bill No. 1012) 

AN ORDINANCE concerning 

CITY STREET - CLOSING CERTAIN STREETS OR PORTIONS THEREOF LYING 
WITHIN THE INNER HARBOR EAST URBAN RENEWAL PROJECT. 

FOR the purpose of condemning and closing certain streets or 

portions thereof lying within the Inner Harbor East Urban 
Renewal Project in accordance with a plat thereof numbered 
305-C-3A prepared by the Survey Control Section and filed in 
the Office of the Department of Public Works, on the first 
(1st) day of May, 1990. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the Department of Public Works be, and 
it is hereby authorized and directed to condemn and close certain 
streets or portions thereof lying within the Inner Harbor East 
Urban Renewal Project; the streets or portions thereof hereby 
directed to be condemned for said closing being described as 
follows: 

BEGINNING for Parcel No. 1 at a point on the East side of 
President Street, 60 feet wide, said point being distant 17.28 
feet Northerly from the Northeast corner of Lancaster Street, 100 



258 



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Ord. No. 526 

feet wide, and President Street, 60 feet wide, thence running 
Northerly and binding on said East side of President Street, (1) 
North 03*-10'-34" West, 173.99 feet; thence crossing said 
President Street, (2) South 76°-56'-36" West, 60.90 feet to a 
point on the West side of President Street, being distant 45.77 
feet Southerly from the Southwest corner of Aliceanna Street, 70 
feet wide, and President Street, 60 feet wide, thence running 
Southerly and binding on said West side of President Street, (3) 
South 03''-10'-34" East, 120.99 feet; thence crossing said 
President Street, (4) Southeasterly along a curve to the left, 
having a radius of 200.00 feet, for a distance of 73.98 feet, 
being subtended by a chord bearing and distance of South 57 "-49'- 
46" East, 73.56 feet to the point of BEGINNING. 

BEGINNING for Parcel No. 2 at a point on the South side 
of Aliceanna Street, 70 feet wide, said point being distant 43.07 
feet Easterly from the Southeast corner of Albemarle Street, 60 
feet wide, and Aliceanna Street, 70 feet wide; thence running 
Easterly and binding on said South side of Aliceanna Street, (1) 
North 86°-48'-57" East, 174.41 feet; thence leaving said 

Southerly side of Aliceanna Street and running for lines of C/* 

division through said Aliceanna Street for the following three IX 

courses and distances, (2) North 03 «>-10 ' -34" West, 8.00 feet; (3) 
South 86°-48'-57" West, 171.87 feet; (4) Southwesterly along a 
curve to the right, having a radius of 103.00 feet, for a 
distance of 8.40 feet, being subtended by a chord bearing and 
distance of South 14°-28'-02" West, 8.40 feet to the point of 
BEGINNING. 

BEGINNING for Parcel No. 3 at the point formed by the 
intersection of the East side of Albemarle Street, 60 feet wide, 
and the North side of Lancaster Street, 100 feet wide, running 
thence Westerly binding on said North side of Lancaster Street 
(1) South 87°-34'-55" West, 19.13 feet; thence leaving said 
Lancaster Street and running for lines of division through the 
aforementioned Albemarle Street for the following two courses and 
distances, (2) North 03°-10'-34" West, 168.50 feet; (3) 
Northeasterly along a curve to the left, having a radius of 
103.00 feet, for a distance of 21.23 feet, being subtended by a 
chord bearing and distance of North 61<'-16'-58" East, 21.19 feet 
to a point on the aforementioned Easterly side of Albemarle 
Street, thence binding on said Albemarle Street, (4) South 03*>- 
10' -34" East, 177.89 feet to the point of BEGINNING. 



J c 


^^^ 


:5^ 


U-' 



BEGINNING for Parcel No. 4 at a point on the South side 4 J 






of Aliceanna Street, 70 feet wide, said point being distant 

215.2 3 feet Westerly from the Southwest corner of South Central ••-• 

Avenue, 100 feet wide, and Aliceanna Street, 70 feet wide; thence '-^^ L^ 

running Westerly and binding on said South side of Aliceanna -^—^ ^^ 

Street, (1) South 86°-48'-57" West 134.99 feet; thence leaving — ^ 
said Southerly side of Aliceanna Street and running for lines of 

259 



Ord. No. 526 



I 



division through said Aliceanna Street for the following three 
courses and distances, (2) North 03«-10'-34" West, 8.00 feet; (3) 
North 86°-48'-57" East 134.99 feet; (4) South 03»-10'-34" East, 
8.00 feet to the point of BEGINNING. 

BEGINNING for Parcel No. 5 at the point formed by the 
intersection of the West side of South Central Avenue, 100 feet 
wide, and the South side of Aliceanna Street, 70 feet wide, 
running thence Westerly and binding on said South side of 
Aliceanna Street, (1) South 86«'-48'-57" West, 162.23 feet; thence 
leaving said Southerly side of Aliceanna Street and running for 
lines of division through said Aliceanna Street for the following 
five courses and distances, (2) North 03«'-10'-34" West, 2.00 
feet; (3) Northeasterly along a curve to the right, having a 
radius of 6.00 feet for a distance of 9.42 feet, being subtended 
by a chord bearing and distance of North 41°-49'-ll" East, 8.48 
feet; (4) North 86°-48'-57" East, 151.75 feet; (5) Southeasterly 
along a curve to the right, having a radius of 4.50 feet, for a 
distance of 7.09 feet, being subtended by a chord bearing and 
distance of South 48°-01'-49" East, 6.38 feet; (6) South 02«-52'- 
36" East, 3.48 feet to the point of BEGINNING. 

BEGINNING for Parcel No. 6 at a point on the North Side of 
Aliceanna Street, 70 feet wide, said point being distant 8.81 
feet Easterly from the Northeast corner of Aliceanna Street, 70 
feet wide and President Street, 60 feet wide, thence running 
Easterly and binding on said North side of Aliceanna Street, (1) 
North 860-48 '-57" East, 136.93 feet; thence leaving said 
Northerly side of Aliceanna Street and running for lines of 
division through said Aliceanna Street for the following four 
courses and distances, (2) Southwesterly along a curve to the 
left, having a radius of 103.00 feet, for a distance of 20.57 
feet, being subtended by a chord bearing and distance of South 
10*-50'-15" West, 20.54 feet; (3) South 76*-56'-36" West, 125.64 
feet; (4) Northwesterly along a curve to the right, having a 
radius of 5.00 feet, for a distance of 8.40 feet, being subtended 
by a chord bearing and distance of North 54 "-55 '-23" West 7.45 
feet; (5) North 06°-47'-21" West, 36.93 feet to the point of 
BEGINNING. 

BEGINNING for Parcel No. 7 at a point on the South side of 
Aliceanna Street, 70 feet wide, said point being distant 54.85 
feet Easterly from the Southwest corner of Albemarle Street, 60 
feet wide, and Aliceanna Street, 70 feet wide, thence running 
Westerly and binding on said South side of Aliceanna Street; (1) 
South 86°-48'-57" West, 97.17 feet; thence leaving said south 
side of Aliceanna Street; (2) "Northerly along a curve to the 
right, having a radius of 60.00 feet, for a distance of 74.74 
feet, being subtended by a chord bearing and distance of North 
03''-25'-37" West, 70.00 feet to a point on the Northerly side of 
said Aliceanna Street, 70 feet wide, thence running Easterly and 

260 



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Ord. No. 526 

binding on said Aliceanna Street; (3) North 86*-48'-57" East, 
97.76 feet; thence leaving said North side of Aliceanna Street; 
(4) Southerly along a curve to the right, having a radius of 
60.00 feet, for a distance of 74.74 feet, being subtended by a 
chord bearing and distance of South 02''-56'-30" East, 70.00 feet 
to the point of BEGINNING. 

BEGINNING for Parcel No. 8 at the point formed by the 
intersection of the line of the West side of Central Avenue, 100 
feet wide if projected Southerly and the South side of Lancaster 
Street, 100 feet wide and running thence binding on the South 
side of said Lancaster Street, South 87°-34'-53" West 975.43 feet 
to intersect the West side of President Street, 60 feet wide; 
thence binding on the West side of said President Street, North 
03°-10'-34" West 91.13 feet; thence by a line curving to the left 
with a radius of 252.00 feet the distance of 149.62 feet which 
area is subtended by a chord bearing South 75°-24'-35" East 
147.43 feet, and thence by straight lines the two following 
courses and distances; namely. North 87°-34*-53" East 835.27 feet 
and South 02°-52'-36" East 48.00 feet to the place of BEGINNING. 

BEGINNING for Parcel No. 9 at the point formed by the 
intersection of the West side of Albemarle Street, 60 feet wide, 
and the South side of Aliceanna Street, 70 feet wide, and running 
thence Southerly binding on said Westerly side of Albemarle 'J^ cT* 

Street; (1) South 03°-10'-34" East, 24.46 feet; thence leaving ,^ Q^ 

said West side of Albemarle Street and running for a line of '*'^ 

Division through said Albemarle Street; (2) Northeasterly along a 
curve to the left, having a radius of 60.00 feet, for a distance 
of 62.91 feet, being subtended by a chord bearing and distance of 
North 62 "-46 '-50" East, 60.07 feet to a point on the Southerly 
side of the aforementioned Aliceanna Street; thence binding 
Westerly thereon; (3) South 86«-48'-57" West 54.85 feet to the 
point of BEGINNING. 

BEGINNING for Parcel No. 10 at the point formed by the '^IT ^ 

intersection of the North side of Aliceanna Street, 70 feet wide, «^ 

and the Northeast side of East Falls Avenue, thence running j^^^ 

Westerly binding on the North side of said Aliceanna Street, (1) ^ 
South 86»-48'-57" West, 10.22 feet; thence leaving said Aliceanna 

Street and running for lines of division through said East Falls ^^^ u^ 

Avenue for the following two courses and distances, (2) North '*^ .*-^ 

15o_o6'-37" West, 277.43 feet; (3) Northerly along a curve to the ^ ^ 

right, having a radius of 51.00 feet, for a distance of 32.30 '— ■ ^^ 

feet, being subtended by a chord bearing and distance of North 1-J ^ • 

03°-01'-55" East, 31.76 feet to a point on the Southerly side of ;:^ ^^ 

Fleet Street, 70 feet wide, thence running Easterly binding on -•• 

said south side of Fleet Street, (4) North 86°-51'-30" East, 0.11 fj^ ^ 

foot to the point formed by the intersection of the south side of -^ ^i 

Fleet Street, 70 feet wide and the Northeast side of East Falls ""^ 
Avenue, and thence running Southerly binding on said Northeast 

261 



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Ord. No. 526 

side of East Falls Avenue, (5) South IS^-oe • -37" East, 309.70 
feet to the point of BEGINNING. 

BEGINNING for Parcel No. 11 at a point on the South side of 
Fleet Street, 70 feet wide, said point being distant 9.61 feet 
Easterly from the Southwest corner of Fleet Street, 70 feet wide, 
and President Street, 60 feet wide, thence running Westerly and 
binding on said South side of Fleet Street; (1) South 86<'-51'-30" 
West, 200.47 feet; thence leaving said Southerly side of Fleet 
Street and running for lines of division through said Fleet 
Street for the following four courses and distances; (2) 
Northeasterly along a curve to the right, having a radius of 
51.00 feet, for a distance of 58.47 feet, being subtended by a 
chord bearing and distance of North 54*'-00'-58" East, 55.32 
feet; (3) North 86''-51'-30" East, 136.11 feet; (4) Southeasterly 
along a curve to the right, having a radius of 17.00 feet, for a 
distance of 25.67 feet, being subtended by a chord bearing and 
distance of South 49°-57'-56" East, 23.30 feet; (5) South 06°- 
47 '-21" East, 14.09 feet to the point of BEGINNING. 

BEGINNING for Parcel No. 12 at the point formed by the 
intersection of the north side of Aliceanna Street, 70 feet wide, 
\. and the West side of President Street, 60 feet wide, thence 

".. running Northerly and binding on the West side of President 

J* Street; (1) North 03»-10'-34" West, 302.87 feet to the point 

formed by the intersection of the South side of Fleet Street, 70 
^* feet wide and the West side of President Street, 60 feet wide, 

\\ thence running Easterly binding on said Fleet Street; (2) North 

\\ 86°-51'-30" East, 9.61 feet; thence leaving said Fleet Street and 

;. running through said President Street; (3) South 06*-47'-21" 

n East, 303.47 feet to a point on the Northerly side of Aliceanna 

,g. Street, 70 feet wide, thence running Westerly binding on said 

Aliceanna Street; (4) South 86»-48'-57" West, 28.73 feet to the 
, point of the BEGINNING. 

(! BEGINNING for Parcel No. 13 at a point on the North side of 

Aliceanna Street, 70 feet wide, said point being distant 10.22 
feet Westerly from the Northeast corner of Aliceanna Street, 70 

ffeet wide, and East Falls Avenue, 60 feet wide, thence running 
easterly and binding on said North side of Aliceanna Street; (1) 
y' North 86«-48'-57" East, 165.66 feet; thence leaving said 

■ Northerly side of Aliceanna Street and running for lines of 

^- division through said Aliceanna Street for the following three 

L.. courses and distances; (2) South 06*-47'-21" East, 47.18 feet; 

*" (3) Southwesterly along a curve to the right, having a radius of 

•• 2.50 feet, for a distance of 3.65 feet, being subtended by a 

*I; chord bearing and a distance of South 35''-04'-38" West, 3.34 

feet; (4) South 76°-56'-36" West, 118.36 feet to a point on the 
•" Southerly side of the aforementioned Aliceanna Street, thence 

binding thereon; (5) South 86*'-48'-57" West, 31.44 feet; thence 
leaving said Southerly side of Aliceanna Street and running for 

262 



Ord. No. 526 

further lines of division through Aliceanna Street for the 
following two courses and distances; (6) Northwesterly along a 
curve to the right, having a radius of 16.00 feet, for a distance 
of 11.03 feet, being subtended by a chord bearing and distance of 
North 34°-51'-13" West, 10.81 feet; (7) North 15°-06'-37" West, 
62.14 feet to the point of BEGINNING. 

BEGINNING for Parcel No. 14 at the point formed by the 
intersection of the South side of Fleet Street, varying and the 
East side of President Street, 60 feet wide, thence, running 
Southerly and binding on said East side of President Street, (1) 
South 03°-10'-34" East, 163.27 feet; thence leaving said East 
side of President Street and running for a line of division, (2) 
North 06°-47'-21" West, 163.60 feet to a point on the 
aforementioned South side of Fleet Street, thence binding on said 
Fleet Street, (3) North 86°-51'-30" East, 10.31 feet to the point 
of BEGINNING. 

BEGINNING for Parcel No. 15 at the point formed by the 
intersection of the Southwest side of East Falls Avenue, and the 

North side of Fleet Street, 70 feet wide, and running thence C/V 

binding on the said Southwest side of East Falls Avenue (1) South IX 

15°-06'-37" East, 452.85 feet to a point on the Northerly side of "T 

Aliceanna Street, 70 feet wide, thence running Easterly and .^ C^ 

binding on said Aliceanna Street, (2) North 86°-48'-57" East, '" <." 

17.16 feet; thence leaving said Aliceanna Street and running for ^ 

a line of division through said East Falls Avenue, (3) North 15"- ^ 

06 '-37" West, 452.83 feet to a point on the aforementioned North 
side of Fleet Street; thence running Westerly and binding on said 
Fleet Street, (4) South 86«-51'-30" West, 17.17 feet to the point 
of BEGINNING. 

All courses and distances in the above descriptions are 
referred to the true meridian as adopted by the Baltimore Survey 
Control System. 

The said streets or portions thereof as directed to be 
condemned being delineated and particularly shown on a plat 
numbered 305-C-3A which was filed in the Office of the Department 
of Public Works on the first (1st) day of May in the year 1990 
and is now on file in said office. ^^ •-^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall been closed under the provisions of this 
Ordinance, all subsurface structures and appurtenances now owned 
by the Mayor and City Council of Bailtimore shall be and continue 
to be the property of the Mayor and City Council of Baltimore, in ■- — 

fee simple, until the use thereof shall be abandoned by the Mayor J^ L^ 

and City Council of Baltimore, and in the event that any person, --^ ^ 

firm or corporation shall desire to remove, alter or interfere "^ 

therewith, such person, firm or corporation shall first obtain 

263 



Ord. No. 526 

permission and permits therefore from the Mayor and City Council 
of Baltimore and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind and 
nature made necessary by such removal, alteration or 
interference . 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances now owned by the Mayor 
and City Council of Baltimore, over which said buildings or 
structures are proposed to be constructed or erected, shall have 
been abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction of the 
Director of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances owned by 
C any person, firm or corporation, other than the Mayor and City 

".. Council of Baltimore, shall upon notice from the Director of 

*", Public Works of Baltimore City, be promptly removed by and at the 

expense of said owners. 

' SEC. 5. AND BE IT FURTHER ORDAINED, That on and aftei: the 

I, closing of said highway or highways, the said Mayor and City 

f.- Council of Baltimore, acting through its duly authorized 

B representatives, shall, at all times, have access to said 

0- property and to all subsurface structures and appurtenances used 

by it therein, for the purpose of inspection, maintenance, 

. repair, alteration, relocation and/or replacement, of any or all 

^* of said structures and appurtenances, and this without permission 

V from or compensation to the owner or owners of said land. 



s, SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 

r said Department of Public Works, with reference to the 

f* condemnation and closing of said streets or portions thereof and 

y" the proceedings and rights of all parties interested or affected 

; thereby, shall be regulated by, and be in accordance with, any 

^- and all applicable provisions of Article 4 of the Code of Public 

L. Local Laws of Maryland and the Charter of Baltimore City (1964 

';. Revision, as amended) and any and all amendments thereto, and any 

••• and all other Acts of the General Assembly of Maryland, and any 

Jj'; and all Ordinances of the Mayor and City Council of Baltimore, 

»•• and any and all rules or regulations in effect which have been 

•" adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

264 



Ord. No. 527 



SEC. 7. AND BE IT FURTHER ORDAINED, That any franchises, 
rights, or rights-of-way heretofore granted by ordinance to any 
railroad companies in the streets or land affected by this 
ordinance are hereby repealed by this ordinance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 18, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE' 
ORDINANCE NO. 52 7 
(Council Bill No. 478) 
AN ORDINANCE concerning ■ 

RETAIL BUSINESS DISTRICTS (J) 

u 

FOR the purpose of changing the membership of the Retail Business . •— ' 

District Appeals Board. S^ C^ 

BY repealing and reordaining with amendments "Z r% 

Article 15 - Licenses 
Subtitle - Retail Business Districts 
Section 118 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: ~- 

- (X 

ARTICLE 15 - LICENSES [J^ 

Retail Business Districts ^^ 

118. Establishment of Appeals Board. .^ 

There shall be an Appeals Board to hear and decide appeals ^ ^^, 

arising under this subtitle. The members of the Appeals Board \mmm ^ 

shall be the Commissioner of Housing and Community Development or I J j^- 

[his] designee, the Director of Finance or [his] designee, and -^^ C*' 

[the Director of the Mayor's Advisory Committee on Small Business ■!•» 

or his designee.] A DESIGNEE OF THE MAYOR'S OFFICE OF ECONOMIC 
DEVELOPMENT . Upon reasonable notice, in accordance with the 
Commissioner's rules and regulations and the provisions .of the 
Baltimore City Charter, the Appeals Board, by a majority vote 

265 



Ord. No. 528 



thereof, shall have the authority to reverse or affirm, wholly or 
partly, or modify the determination, decision, order or notice 
appealed from, and may give or make such determination, decision, 
order or notice as ought to be made. Provided, however that 
nothing contained herein shall be construed as authorizing the 
Appeals Board to waive, set aside or in any manner change any 
provision or provisions of this subtitle, other than as _ 

authorized in Section 116 herein, nor any decision made by the ■ 
Mayor and City Council pursuant to Section 112 of this subtitle. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. ■ 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 528 

(Council Bill No. 697) 

AN ORDINANCE concerning 

URBAN RENEWAL - CANTON INDUSTRIAL AREA 
DESIGNATION AND URBAN RENEWAL PLAN 

^ FOR the purpose of designating as a "Renewal Area" an area 

situated in Baltimore City, Maryland known as the Canton 
« Industrial Area, bounded generally by O'Donnell Street on 

'• the north, Ponca and Newkirk Streets on the east, and the 

U.S. Government pierhead line on the cast west and south; 
approving a Renewal Plan for the Canton Industrial Area; 
/■ authorizing the acquisition of property by purchase or 

condemnation, for urban renewal purposes; providing for the 
review by the Department of Housing and Community 
Development of all plans for new construction, exterior 
rehabilitation, or change in use of properties, in the 
" Canton Industrial Area; establishing procedures for the 

(^ issuance and denial of demolition permits; providing that in 

^ selling land in the Canton Industrial Area, the Department 

]■ of Housing and Community Development shall require that 

developers agree in writing not to discriminate in the sale, 
lease, use or occupancy of the property developed by them 
against any person because of national origin, race, 
religion, sex or color; establishing permitted land uses; 
*. creating disposition lots for industrial use; approving 

certain regulations, controls and restrictions applicable to 
all land and property within the Canton Industrial Area, 

266 



Ord. No. 528 

waiving such requirements, if any, as to content or procedure set 
forth in Article 13 of the Baltimore City Code which the Renewal 
Plan for the Canton Industrial Area may not meet; providing that 
the approval of said Renewal Plan is not an enactment of such 
amendments to the Zoning Ordinance as are proposed in said 
Renewal Plan; providing for the severability of the various parts 
and application of this Ordinance; providing that where the 
provisions of this Ordinance shall conflict with any other 
ordinance, code or regulation, the provision which establishes 
the higher standard shall prevail; and providing for an effective 
date hereof. 

WHEREAS, The basic goals of the City of Baltimore for 
the Canton Industrial area described hereafter, are to maintain 
the Canton Industrial Area as an industrial and port-related 
employment area and to protect it from the influence of 
speculation and incompatible uses; to encourage re-use of 
waterfront parcels for non-residential and non-commercial 
development that is compatible with adjacent industrial and 
residential areas; to encourage the redevelopment of unused or 

underutilized parcels for intensive industrial uses that provide CA 

job and tax benefits; to promote compatibility between the Ll, 

industrial area and the needs of nearby residential communities; ••*' 

to improve the visual appearance of the industrial area - - .JiCX 

especially the Boston Street corridor, which is a primary gateway [^ ^ 

to both the industrial area and the City as a whole; to establish "— p- 

a plan review process to assure orderly and harmonious 
development in the area; and '■- 



WHEREAS, In accordance with Article II, Section 
(15A) (a) of the Charter of Baltimore City (1964 Revision, as -^ 

amended) , the Mayor and City Council of Baltimore is authorized '!?! ^^ 

to acquire, by eminent domain, property located within a 
specified area which includes all of the Canton Industrial Area, 
for or in connection with the public purpose of the industrial ^ 

and economic growth of Baltimore City; and ;;^ (^ 

WHEREAS, In accordance with the provisions of Article m, 
13 of the Baltimore City Code (1983 Replacement Volume, as 
amended) , the Canton Industrial Area has been found to be in need 

of undertakings and activities for the correction or the *" ju^ 

prevention of the development or the spread of slums, blight, or "'^ "^ 

deterioration; and ^ ^^ 

WHEREAS, The Commissioner of the Department of Housing I J jT 

and Community Development, after consultation with the Director -^^ >^ 

of the Department of Planning, acting pursuant to powers vested '-^ 

by Section 23(a) of Article 13 of the Baltimore City Code (1983 
Replacement Volume, as amended) , has heretofore determined that 
the Canton Industrial Area, as hereinbelow more particularly 
described, may be benefitted through the exercise of those 

267 



Ord. No. 528 

functions and powers of the City of Baltimore which are vested in 
the Department of Housing and Community Development by said 
Article 13, and has recommended to the City Council that an 
ordinance be passed to designate the Canton Industrial Area as a 
"Renewal Area"; and 

WHEREAS, Under Article 13 of the Baltimore City Code 
(1983 Replacement Volume, as amended), the Department of Housing 
and Community Development is authorized to prepare and administer 
renewal plans in renewal areas; and 

WHEREAS, The Department of Housing and Community 
Development has prepared a Renewal Plan for the Canton Industrial 
Area, consisting of a cover page, a table of contents, 14 pages 
of text, and two (2) exhibits; and 

WHEREAS, The Renewal Plan for the Canton Industrial 
Area was approved by the Director of the Department of Planning 
with respect to its conformity as to the Master Plan, the 
detailed location of any public improvements proposed in the 
Renewal Plan, its conformity to the rules and regulations for 
subdivisions, and all zoning changes proposed in the Renewal 
/•■ Plan; and the Renewal Plan was approved and recommended to the 

•.'. Mayor and City Council of Baltimore by the Commissioner of the 

*•"■ Department of Housing and Community Development; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
"v COUNCIL OF BALTIMORE, That it is hereby found and determined that 

/'•■, the area known as the Canton Industrial Area, as hereinbelow more 

particularly described, may be benefitted through the exercise of 
'■ the functions and powers vested in the Department of Housing and 

* Community Development: 



Beginning at a point formed by the intersection of the 
L. eastern right-of-way line of S. Highland Street and the northern 

(• property line of Lot 13/16, Ward 26, Section 2, Block 6492; 

thence from said point of beginning and binding on the extended 

northern property line of said Lot 13/16 westerly to intersect 
f'. the western right-of-way line of S. Highland Street; thence 

\- binding on the western right-of-way line of S. Highland street 

southerly, crossing Boston Street and continuing to intersect the 
C northeast corner of Lot 1, Ward 26, Section 2, Block 6499; 

C. thence binding on the extended northern property line of said Lot 

1 westerly to intersect the western right-of-way line of S. 

Clinton Street; thence binding on the western right-of-way line 
:. of S. Clinton Street southerly, to intersect the division line 

-•; between Lot 1, Ward 1, Section 10, Block 1902-F and Lot 1/3, Ward 

l" 1, Section 10, Block. 1903; thence binding on said division line 

•.. westerly, southwesterly, then southerly, and continuing westerly 

on an extended straight line approximately 1100 feet; thence 

binding on a straight line southerly, approximately 7500 feet; 

268 



Ord. No. 528 



thence binding on a straight line easterly, approximately 5280 
feet to intersect the extended eastern right-of-way line of S. 
Newkirk Street; thence binding on the eastern right-of-way line 
of south Newkirk Street northerly to intersect the southern 
right-of-way line of Holabird Avenue; thence binding on the 
southern right-of-way line of Holabird Avenue easterly to 
intersect the eastern right-of-way line of S. Ponca Street; 
thence binding on the eastern right-of-way line of S. Ponca 
Street northerly to intersect the southern right-of-way line of 
Boston Street; thence binding on the southern right-of-way line 
of Boston Street easterly to intersect the western right-of-way 
line of the Baltimore Harbor Tunnel Thruway; thence binding on 
the western right-of-way line of the Baltimore Harbor Tunnel 
Thruway northerly to intersect the northern right-of-way line of 
O'Donnell Street; thence binding on the northern right-of-way 
line of O'Donnell Street westerly to intersect the western right- 
of-way line of S. Conkling Street; thence binding on the western 
right-of-way line of S. Conkling Street southerly to intersect 
the northern right-of-way line of Elliot Street; thence binding 
on the northern right-of-way line of Elliot Street westerly to 
intersect the western right-of-way line of Baylis Street; thence 
binding on the western right-of-way line of Baylis Street 
southerly to intersect the northern property line of Lot 13/16, 
Ward 26, Section 2, Block 6492; thence binding on the northern 
property line of said Lot 13/16 westerly, then northerly, then 
westerly to the point of beginning. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Urban Renewal 
Plan, identified as "Urban Renewal Plan, Canton Industrial Area", 
dated March 1, 1989 is hereby approved and the Clerk of the City 
Council is hereby directed to file a copy of said Renewal Plan 
with the Department of Legislative Reference as a permanent 
public record and to make the same available for public 
inspection and information. 



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:^ S 

J a 



SEC. 3. AND BE IT FURTHER ORDAINED, That the Real Estate 
Acquisition Division of the Department of the Comptroller, or 
such person or persons and in such manmer as the Board of 
Estimates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter from 
time to time designate, is or are authorized to acquire for and 
on behalf of the Mayor and City Council of Baltimore and for the 
purpose described in this Ordinance, the fee simple interest or 
any lesser interest in and to the property or portions thereof 
hereinabove mentioned. If the said Division, person or persons, 
is or are unable to agree with the owner or owners on the 
purchase price of said properties or portions thereof, it or they 
shall forthwith notify the City Solicitor of Baltimore City, who 
shall thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to acquire 





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269 



Ord. No. 528 

by condemnation the fee simple interest or any lesser interest in 
and to said properties or portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, That all plans for new 
construction (including parking lots), exterior rehabilitation, 
or change in use on any property not to be acquired under the 
provisions of the Urban Renewal Plan shall be submitted to the 
Department of Housing and Community Development for review. Only 
upon finding that the proposed plans are consistent with the 
objectives of the Urban Renewal Plan shall the Commissioner of 
the Department of Housing and Community Development authorize the 
processing of the plans for issuance of a building permit. The 
provisions of this section are in addition to and not in lieu of 
all other applicable laws and ordinances relating to new 
construction. 

SEC. 5. AND BE IT FURTHER ORDAINED, That all applications 
for demolition permits shall be submitted to the Department of 
Housing and Community Development for review and approval. Upon 
finding that the proposed demolition is consistent with the 
objectives of the Urban Renewal Plan, the Commissioner of the 
Department of Housing and Community Development shall authorize 
^'^ the issuance of the necessary permit. 



41 



If the Commissioner finds that the proposal is inconsistent 
with the objectives of the Urban Renewal Plan and therefore 
denies the issuance of the permit, the Commissioner shall, within 
90 days of such denial, seek approval of the Board of Estimates 
to acquire for and on behalf of the Mayor and City Council of 
Baltimore the property, in whole or in part, on which said 
demolition was to have occurred by purchase, lease, condemnation, 
gift or other legal means for the renovation, rehabilitation and 
disposition thereof. In the event that the Board of Estimates 
does not authorize the acquisition, the Commissioner shall, 
without delay, issue the demolition permit. 

SEC. 6. AND BE IT FURTHER ORDAINED, That in selling or 
otherwise disposing of property in the Canton Industrial Area the 
Department of Housing and Community Development shall require 
that developers agree in writing not to discriminate in the sale, 
lease, use or occupancy of the property developed by them against 
any person upon the basis of race, religion, color, sex or 
national origin. 

SEC. 7. AND BE IT FURTHER ORDAINED, That only those land 
uses contained in Section B.l. of the Urban Renewal Plan and 
shown on the Land Use Plan, Exhibit 1, dated March 1, 1989 shall 
be permitted within the Canton Industrial Area. 

SEC. 8. AND BE IT FURTHER ORDAINED. That the Land Use Plan 
for heavy industry, as contained in Section B.l. a. 2. on page five 

270 



Ord. No. 528 



of the Plan shall be amended to state the following use to be 
excluded: 

(c) hotels and motels 

SEC. ^ 9. AND BE IT FURTHER ORDAINED, That the regulations, 
controls, and restrictions applicable to all" land and property, 
as contained in Section B.2. of the Urban Renewal Plan, are 
hereby approved. 



SEC. 10. AND BE IT FURTHER ORDAINED. That community review, 
as contained in Section C.4.b. on page eleven of the Plan shall 
be amended to read: 



The Department of Housing and Community Development 
shall provide when possible 30 days notification to [notify] the 
Canton Industrial Association and other groups representing 
communities adjacent to the Canton Industrial Urban Renewal Area 
of the form and content of all proposals to redevelop land, 
demolish structures, conduct major exterior rehabilitation or 
cause a change in use of properties within the area covered by 
this Plan. These representative groups shall submit written 
comments regarding the proposed development or redevelopment to 
the Department of Housing and Community Development within 10 
working days after notification to review proposed activity; 
otherwise, it as assumed such action is acceptable. The 
Commissioner of the Department of Housing and Community 
Development retains the final authority to approve or disapprove 
all Plans. 



a: 

u 



SEC. 9- 11. AND BE IT FURTHER ORDAINED, That the approval of 
the Renewal Plan for Canton Industrial Area shall not be 
construed as an enactment of such amendments to the Zoning 
Ordinance as are proposed in the Renewal Plan on Exhibit 4, 
proposed Zoning Districts, dated March 1, 1989. 

SEC. i^ 12. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the said Renewal Plan approved hereby may not 
meet the requirements as to the content of a renewal plan or the 
procedures for the preparation, adoption, and approval of renewal 
plans, as provided in Article 13 of the Baltimore City Code (1983 
Replacement Volume, as amended), the said requirements are hereby 
waived and the Renewal Plan approved hereby is exempted 
therefrom. 

SEC. ii 12. AND BE IT FURTHER ORDAINED, That in the event 
it be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this Ordinance or 
the application thereof to any person or circumstances is 
invalid, the remaining provisions and the application of such 
provisions to other persons or circumstances shall not be 






271 



Ord. No. 529 



affected thereby, the Mayor and City Council hereby declaring 
that they would have ordained the remaining provisions of this 
Ordinance without the word, phrase, clause, sentence, paragraph, 
section or part or the application thereof so held invalid. 

SEC. i* 14. AND BE IT FURTHER ORDAINED, That in any case 
where a provision of this Ordinance concerns the same subject 
matter as an existing provision of any zoning, building, 
electrical, plumbing, health, fire or safety ordinance or code or 
regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, that 
if such provisions are found to be in irreconcilable conflict, 
the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any 
case where a provision of this Ordinance is found to be in 
conflict with an existing provision of any other ordinance or 
code or regulation in force in the City of Baltimore which 
establishes a lower standard for the promotion and protection of 
the public health and safety, the provision of this Ordinance 
shall prevail, and the other existing provision of such other 
ordinance or code or regulation is hereby repealed to the extent 
that it may be found in conflict with this Ordinance. 

SEC. i^ 15. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on date of its enactment. 

Approved June 2 0, 19 9 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
'* ORDINANCE NO. 529 

(Council Bill No. 715) 
AN ORDINANCE concerning 

DISCARDING RUBBISH - PENALTY 
FOR the purpose of increasing the penalty for discarding rubbish. 

c. 

i. 

l^ BY repealing and reordaining with amendments 

*•"• Article 19 - Police Ordinances 

Subtitle - Street Regulations 

Section 176 

Baltimore City Code (1983 Replacement Volume, as amended) 



i 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 

272 



1 



4 



Ord. No. 530 

Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 19 - POLICE ORDINANCES 

Street Regulations 

176. Rubbish; penalty provisions. 

(a) If any of the substances mentioned in Section 172 of 
this Article are thrown or carried from any house, warehouse, 
shop, cellar, yard or other place, and left in any of the places 
specified in said section, the occupant of such house, warehouse, 
shop, cellar, yard or other premises, or owner thereof if vacant, 
and the person who actually threw, carried or left, shall 
severally be held liable for a violation of Section 172 of this 
Article, and every violation of Sections 172 and 175 of this 
Article shall be punished by a fine of not less than -$^0 $100 or 
more than [$500] $1000 or imprisonment in jail not exceeding f90 
days^ — 6 MONTHS , or to both fine and imprisonment, in the 

discretion of the court. Each and every violator shall be (j^ 

jointly and severally liable to the Mayor and City Council of LX 

Baltimore for all reasonable costs incurred by the Director of ■—' 

Public Works, or any other officer or agency of the City, in ^^ O^ 

removing, hauling and disposing of said substances. »* <^ 

(b) In addition to a fine or imprisonment or both, or in 
lieu of a fine or imprisonment or both, a judge may sentence a 
person convicted under this section to perform community service 
on behalf of the City of Baltimore, which may include cleaning 
property of trash and litter. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 



Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



IJ.. 



CITY OF BALTIMORE 
ORDINANCE NO. 53 



(Council Bill No. 717) .J y< 



AN ORDINANCE concerning 



ZONING CODE - RECYCLING COLLECTION STATIONS ^ ^ 



273 



Ord. No. 530 

FOR the purpose of adding recycling collection stations as 

conditional uses in all zoning districts, requiring the 
Planning Commission to review each recycling collection 
station annually, requiring the Board to state any 
conditions in its written opinion, providing standards the 
Board must consider, and defining recycling collection 
station. 

BY adding 

Article 30 - Zoning 

Sections 4.1-lc-lOb, 5.1-lc-llc, 6.1-lc-6b, 7.1-lc-llb, 

7.2-lc-12b, 11.0-5a-17, 13.0-2-69C 
Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealing and reordaininq with amendments 
Article 30 - Zoning 
Sections 11.0-3C-3. 11.0-4b 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 



ARTICLE 30 - ZONING 



Chapter 4 - Residence Districts 



4.1 R-1 Single Family Residence District. 
1. Use Regulations. 

C. Conditional uses. 



lOB. RECYCLING COLLECTION STATIONS WHEN AN 

ACCESSORY USE TO A SCHOOL, CHURCH, RECREATION 
FACILITY, OR PUBLIC FACILITY. 



1 



Chapter 5 - Office-Residence District 

5.1 0-R Office-Residence District 

1. Use regulations. 

c. Conditional uses. 

lie. RECYCLING COLLECTION STATIONS WHEN AN 

ACCESSORY USE TO A SCHOOL, CHURCH, RECREATION 
FACILITY, OR PUBLIC FACILITY. 



274 



I 



\ 

< Ord. No. 530 

Chapter 6 - Business Districts 
6.1 B-1 Neighborhood Business District. 
1. Use regulations. 

c. Conditional uses. 

6B. RECYCLING COLLECTION STATIONS 
Chapter 7 - Industrial Districts 

7.1 M-1 Industrial District. 
1. Use regulations. 

c. Conditional uses. 

IIB. RECYCLING COLLECTION STATIONS 

7.2 M-2 Industrial District. C/) 

u 

1. Use regulations. ^ "T" 

c. Conditional uses. ^ ^ 

12B. RECYCLING COLLECTION STATIONS 

Chapter 11 - Administration and Enforcement 

11.0-3 The Board of Municipal and Zoning Appeals. 

c. Conditional uses. 

3. Conditions and guarantees. Prior to the 
granting of any conditional use, the Board may impose 
such conditions and restrictions upon the 
establishment, location, construction, maintenance, and 
operation thereof as deemed necessary to reduce or 
minimize any effect of such use upon other properties 
in the neighborhood, and to secure compliance with the ^ lU-* 

standards and reguirements specified in this chapter. "^ .-»^ 

SUCH CONDITIONS AND RESTRICTIONS SHALL BE IMPOSED ^ ^^ 

WHENEVER THE BOARD GRANTS ANY CONDITIONAL USE RELATING ^ ^ 

TO AUTOMOTIVE REPAIR AND RECYCLING COLLECTION STATIONS. J T^ 

In cases in which a conditional use is granted, the :^ ^-^ 

Board may require such evidence and guarantees as it -• 

deems necessary as proof that the conditions imposed in ^ U^^ 

connection therewith shall be met and complied with. — ^ ^ 

ANY CONDITIONS AND RESTRICTIONS IMPOSED SHALL BE SET -^ 

FORTH IN THE BOARD'S WRITTEN DECISION TO GRANT THE 

275 






Ord. No. 530 

CONDITIONAL USE. Failure to comply with such 
conditions or restrictions imposed shall constitute a 
violation of this ordinance. 

11.0-4 The Planning Commission. 

b. Jurisdiction. The Planning Commission shall have 
the following jurisdiction and authority: 

1. to receive all proposed amendments to this 
ordinance referred to it by the City Council and report 
its findings and recommendations; 

2. to receive from the office of the Zoning 
Administrator copies of all applications for 
conditional uses; to make an investigation relative 
thereto; to make a written report and recommendations 
thereon; and to forward such report and recommendations 
to the Board with a copy to the Zoning Adm.inistrator ; 

3. TO REVIEW EACH RECYCLING COLLECTION 
STATION ANNUALLY AND FORWARD A WRITTEN REPORT OF THIS 
REVIEW TO THE BOARD; AND 

4. in furtherance of this authority, the 

J-' Planning Commission shall forward to the Board and the 

•:' Zoning Administrator copies of amendments to the Master 

Plan and all other data and information necessary for 
the proper administration and enforcement of this 
( ordinance. 

11.0-5 Standards. 
«: 

" a. Standards for Conditional uses. 

17. IN THE CASE OF A RECYCLING COLLECTION STATION, 
(• THE BOARD SHALL CONSIDER 

(A) THE SIZE OF THE TRANSFER TRAILER OR ROLL-OFF 
'*:: AND ITS LOCATION ON THE SITE; 

\' 

(B) AVAILABILITY OF OFF-STREET PARKING AND THE 

(> IMPACT ON ANY EXISTING PARKING LOT; 

L 

I (C) WHETHER OR NOT AN ATTENDANT IS TO BE PROVIDED 

OR REQUIRED AND HOURS OF OPERATION. THIS 
INFORMATION WILL BE REQUIRED TO BE CLEARLY 
POSTED ON THE TRAILER OR ROLL-OFF; 

I.. (D) IMPACT ON ADJACENT RESIDENCES OR BUSINESSES; 

276 



i 



I 

Ord. No. 531 



(E) WHETHER OTHER RECYCLING COLLECTION STATIONS 
ARE IN THE IMMEDIATE NEIGHBORHOOD; 

-(*^ IFl WHETHER LANDSCAPING OR SCREENING IS NEEDED 
AND WHAT IS TO BE PROVIDED; AND 



-fF^ IGl COMPLIANCE WITH ALL APPLICABLE BUILDING, 
HOUSING AND HEALTH CODE STANDARDS. 



^^m Chapter 13 - Rules and Definitions 

13.0-2 Definitions. 

69C. RECYCLING COLLECTION STATION: A RECEPTACLE, USUALLY A 
TRAILER OR ROLL-OFF, FOR THE COLLECTION OF RECYCLABLE MATERIALS 
LOCATED ON A HARD SURFACE . RECYCLABLE MATERIALS INCLUDE: PAPER 
(INCLUDING BUT NOT LIMITED TO CORRUGATED BOXES, HIGH GRADE PAPER, 
AND NEWSPAPERS) , CANS (ALUMINUM, BI -METAL, AND TIN) , ALUMINUM 
SCRAP, NON-FERROUS METAL (COPPER, BRASS, ZINC, LEAD, AND TIN), 
GLASS BOTTLES, AND PLASTICS. NO OTHER FERROUS METALS MAY BE 

ACCEPTED. NO MECHANICAL PROCESSING OR SHREDDING IS ALLOWED ON ^ 

SITE. COMMERCIAL RECYCLING COLLECTION STATION SHALL BE A STATION li; 

WHERE AN ATTENDANT IS PRESENT TO PURCHASE RECYCLABLE MATERIALS. — .- 

COMMERCIAL COLLECTION STATIONS SHALL NOT ACCEPT COPPER. BRASS. '% n- 

TIN. ZINC OR LEAD. 

SEC. 2. AND BE IT FURTHER ORDAINED, that this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 531 

(Council Bill No. 718) 



AN ORDINANCE concerning — \j^ 

ZONING CODE - RECYCLING CENTERC MATERIALS RECOVERY FACILITIES O "^ 

FOR the purpose of adding recycling contGro materials recovery J w^ 

facilities to the list of conditional uses in the M-2 and M- ^ C^ 

3 Districts and amending the definition of rceyeling center .» 

materials recovery facilities . :^ i^^r- 

•^ "^ 

BY repealing and reordaining with amendments ^ 
Article 30 - Zoning 
Sections 6.3-ld-12, 13.0-2-69B 

277 



Ord. No. 531 



Baltimore City Code (1983 Replacement Volume, as amended) 

BY adding 

Article 30 - Zoning 

Section 7.2-lc-12a 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Sections of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 30 - ZONING 

Chapter 6 - Business Districts 

6.3 B-3 Community Commercial District. 

1. Use regulations. 

d. Notwithstanding other provisions of this 

ordinance, the following uses as conditional uses 
shall require authorization by ordinance of the 
Mayor and City Council subject to the requirements 
and provisions of Section 11.0-6d: 

12. Recycling CGntcro MATERIALS RECOVERY 
FACILITIES - PROVIDED ALL MATERIALS ARE STORED INDOORS 

CHAPTER 7 - INDUSTRIAL DISTRICTS 

7.2 M-2 Industrial Districts. 

1. Use regulations. 

c. Conditional uses. 

12A. RECYCLING CENTERS MATERIALS RECOVERY 
FACILITIES - WITH OUTDOOR STORAGE OF MATERIALS PROVIDED THE 
CENTER IS EFFECTIVELY SCREENED BY A DURABLE FENCE AND/OR 
LANDSCAPING 

Chapter 13 - Rules and Definitions 

13.0-2 Definitions. 

69B. RGoycling center MATERIALS RECOVERY FACILITY : a 
structure containing facilities for the collection, sorting, 
grading or processing of recyclable materials including paper 
(INCLUDING &¥ BUT NOT LIMITED TO corrugated boxes, high grade 
paper and newspapers) , cans (aluminum, bi-metal and tin) , 
aluminum scrap, non-ferrous metal (copper, brass, zinc, lead and 

278 



Ord. No. 532 



tin) , [and] glass BOTTLES, AND PLASTICS. No other ferrous metals 
may be accepted. The processing shall be limited to pressing, 
crushing, cutting, bailing and other preparations of materials 
for shipping. All operations shall be performed within the 
confines of an enclosed building. All loading and unloading 
shall be performed within the confines of an enclosed building or 
within an area effectively screened by a masonry wall or a 
combination of a masonry wall and a durable fence not less than 8 
feet in height, together with a planting strip on the outside of 
said wall or fence. [All storage of materials will be entirely 
within the building.] Retail sales are prohibited. 

SEC. 2. AND BE IT FURTHER ORDAINED, that this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 



not more than 4 beds on the property known as 12-14 S. Patterson 
Park Avenue, as outlined in red on the plats accompanying this 



oo 



ORDINANCE NO. 53 2 ^ CX 

(Council Bill No. 801) Z r-, 

AN ORDINANCE concerning Ji C 

><» •*" 
ZONING - APPROVAL FOR CONDITIONAL USE - — " 

NURSING HOME - 12-14 S. PATTERSON PARK AVENUE 

FOR the purpose of granting permission for the establishment, 
maintenance and operation of a nursing home with not more 
than 4 beds on the property known as 12-14 S. Patterson 
Park Avenue, as outlined in red on the plats accompanying 
this ordinance. > 

BY Authority of ^^'' 

Article 30 - Zoning 
Sections 4.8-ld and 11.0-6d 
Baltimore City Code (1983 Replacement Volume, as amended) 






BALTIMORE, That permission is hereby granted for the J ^-<I 

establishment, maintenance and operation of a nursing home with ,^ C^ 



^1^ 



ordinance, under the provisions of Sections 4.8-ld and 11.0-6d of [^T \y( 

Article 30 of the Baltimore City Code (1983 Replacement Volume) \J 

title "Zoning". 

279 



Ord. No. 533 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 53 3 

(Council Bill No. 837) 

AN ORDINANCE concerning 

VANDALISM 

FOR the purpose of increasing the fine for those persons 
convicted of vandalism. 

By repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtitle - Vandalism 
Section 217 
Baltimore City Code (1983 Replacement Volume) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 19 - POLICE ORDINANCES 

Vandalism 



280 



Ord. No. 534 

217. Prohibition; penalty. 

(a) It is unlawful for any person to wilfully and 
maliciously destroy, injure, deface, molest, or spray or splash 
with paint, lacquer or similar substance any theatre, place of 
worship, public building or any real or personal property of 
another. Any person who violates the provisions of this section 
is guilty of a misdemeanor and, upon conviction thereof, is 
subject to a fine not less than [fifty dollars ($50.00)] $100 and 
not more than [five hundred dollars ($500.00)] $1,000, or 
imprisonment in jail not exceeding 90 days, or to both fine and 
imprisonment, in the discretion of the court. 

(b) In addition to a fine or imprisonment, or both, or in 
lieu of a fine or imprisonment or both, a judge may sentence a 
person convicted under this section to perform community service, 
which may include the cleaning of any property defaced by such 
vandalism. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance (J) 

shall take effect on the 30th day after the date of its i. 

enactment. _* 



Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



D 



• <: 

- C 

■ V 

CITY OF BALTIMORE 

ORDINANCE NO. 534 

(Council Bill No. 920) 

AN ORDINANCE concerning '' 

URBAN RENEWAL - LIBERTY - GARRISON BUSINESS AREA - AREA 
DESIGNATION AND PLAN 

FOR the purpose of designating as a "Renewal Area" an area 

situated in Baltimore City, Maryland known as the Liberty- 
Garrison Business Area, generally bounded by Liberty Heights — ^^ 
Avenue on the north, the intersection of Garrison Boulevard O •""^ 
and Ayrdale Avenue on the south; Berwyn Avenue and Garrison -^ '^^ 
Boulevard on the west and Ayrdale Avenue on the east; 2j ^J^ 
approving a Renewal Plan for the Liberty-Garrison Business (^ 
Area; providing for review by the Department of Housing and ^ 
Community Development of all plans for new construction, -g^ ^^ 
rehabilitation, or change in use of properties within the -^ i^ 
Liberty-Garrison Business Area; establishing procedures for 3 ^^ 
the issuance and denial of demolition permits; providing 
that in selling land in the Liberty-Garrison Business Area 

281 



Ord. No. 534 

the Department of Housing and Community Development shall 
require that developers agree in writing not to discriminate 
in the sale, lease, use or occupancy of the property 
developed by them against any person because of national 
origin, race, religion, sex or color; establishing 
rehabilitation standards for all non-residential uses in the 
Liberty-Garrison Business Area; providing penalties for 
violating these standards; establishing permitted land uses; 
approving certain regulations; controls, and restrictions 
applicable to land to be acquired by the City within the 
Liberty-Garrison Business Area; waiving such requirements if 
any, as to content or procedure for the preparation, 
adoption and approval of Renewal Plans as set forth in 
Article 13 of the Baltimore City Code which the Renewal Plan 
for the Liberty-Garrison Business Area may not meet; 
providing for the separability of the various parts and 
applications of this Ordinance; providing that where the 
provisions of this Ordinance shall conflict with any other 
ordinance, code or regulation, the provision which 
establishes the higher standards shall prevail; and 
providing for the effective date hereof. 

(^. WHEREAS, The basic goal of the City of Baltimore for the 

—^ Liberty-Garrison Business Area is to improve the appearance of 

*^' the Liberty-Garrison Business Area in order to achieve an 

attractive, convenient neighborhood business and shopping area 
that complements and preserves the stability of the surrounding 
residential community. 

WHEREAS, In accordance with the provisions of Article 13 of 
the Baltimore City Code (1983 Replacement Volume, as amended) , 
the Liberty-Garrison Business Area has been found to be in need 
of undertakings and activities for the elimination, the correction, 
or the prevention of the development or the spread of slums, 
blight, deterioration; and 






WHEREAS, The Commissioner of the Department of Housing and 
Community Development, after consultation with the Director of the 
Department of Planning, acting pursuant to powers vested by Section 
23(a) of Article 13 of the Baltimore City Code (1983 Replacement 
Volume, as amended) , has heretofore determined that the 
Liberty-Garrison Business Area, as hereinbelow more particularly 
described, may be benefited through the exercise of those functions 
and powers of the City of Baltimore which are vested in the 
Department of Housing and Community Development by said Article 
13, and has recommended to the City Council that an ordinance be 
passed to designate the Liberty-Garrison Business Area as a 
"Renewal Area"; and 

WHEREAS, Under Article 13 of the Baltimore City Code (1983 
Replacement Volume, as amended) , the Department of Housing and 

282 



Ord. No. 534 

Community Development is authorized to prepare and administer 
renewal plans in renewal areas; and 

WHEREAS, The Department of Housing and Community Development 
has prepared a Renewal Plan for the Liberty-Garrison Business Area, 
consisting of a cover page, a table of contents, 18 pages of text, 
and 4 exhibits; and 

WHEREAS, The Renewal Plan for the Liberty-Garrison Business 
Area was approved by the Director of the Department of Planning 
with respect to its conformity as to the Master Plan, the detailed 
location of any public improvements proposed in the Renewal Plan, 
its conformity to the rules and regulations for subdivisions, and 
the Renewal Plan was approved and recommended to the Mayor and 
City Council of Baltimore by the Commissioner of the Department 
of Housing and Community Development; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That it is hereby found and determined that the area 

known as the Liberty-Garrison Business Area, as hereinbelow more ^/) 

particularly described, may be benefited through the exercise of \^C 

the functions and powers vested in the Department of Housing and •— " 

Community Development: Beginning for the same at the intersection !j| QS 

of the east side of Ayrdale Avenue and the north side of Liberty * ^' 

Heights Avenue; thence binding on the east side of Ayrdale Avenue Z ^ 

Southwesterly to intersect the south side of Liberty Heights -» ^ 

Avenue; thence binding on the south side of Liberty Heights •' Q 

Avenue Southeasterly to intersect the division line between Lots 
8 and 7, Ward 15, Section 26, Block 2904; thence binding on said 
division line Southwesterly to intersect the south side of the 
fifteen foot alley; thence binding on the southside of said alley 
Northwesterly to intersect the east side of Ayrdale Avenue; 
thence binding on the east side of Ayrdale Avenue Southwesterly 

to intersect the west side of Garrison Boulevard; thence binding • 

on the west side of Garrison Boulevard Northwesterly to intersect — Q^ 

the west side of Berwyn Avenue; thence binding on the west side J> 

of Berwyn Avenue Northwesterly to intersect the north side of ^ 

Liberty Heights Avenue; thence binding on the north side of ^^ 

Liberty Heights Avenue Southeasterly to intersect the west side "■ O 

of Garrison Boulevard; thence binding on the west side of ■" LJ^ 

Garrison Boulevard Northerly to intersect the division line JT ^^ 

between Lots 4 and 5, Ward 15, Section 22, Block 2930, as ^ ^^ 

extended; thence binding on said division line Southeasterly to « ^^ 

intersect the division line between Lots 5a and 6/7, Ward 15, J ^-<^ 

Section 22, Block 2930; thence binding on said lot division line ^^ C^ 

Northerly to intersect the division line between Lots 6/7, 8/9, «• 

10, 11, 12, and 13, Ward 15, Section 22, Block 2930; thence ^^ y^ 

binding on said division line Easterly to intersect the east side ;T ^^ 

of Ayrdale Avenue; thence binding on the east side of Ayrdale !• 

Avenue Southwesterly to the point of beginning. 

283 



Ord. No. 534 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Urban Renewal 
Plan identified as the Liberty-Garrison Business Area Urban Renewal 
Plan, dated August 12, 1989, is hereby approved and the Clerk of 
the City Council is hereby directed to file a copy of said Renewal 
Plan with the Department of Legislative Reference as a permanent 
public record and to make the same available for public inspection 
and information. 

SEC. 3. AND BE IT FURTHER ORDAINED, That it may be necessary 
to acquire by purchase or by condemnation, for urban renewal 
purposes, the fee simple interest or any lesser interest in and to 
such properties or portions thereof together with all right, title, 
interest, and estate that the owner or owners of said property 
interests may have in all streets, alleys, ways, or lanes, public 
or private, both abutting the whole area described and/or contained 
within the perimeter of said area, as may be deemed necessary and 
proper by the Commissioner of the Department of Housing and 
Community Development to effect the proper implementation of the 
project. These properties may include: 

(a) any property in the project area containing a non-salvable 
structure, i.e., a structure which in the opinion of the 

^«. Commissioner of the Department of Housing and Community Development 

f'- cannot be economically rehabilitated; 

•••• 

(b) any property the owner of which is unable or unwilling to 
comply or conform to the codes and ordinances of Baltimore City and 

; the Property Rehabilitation Standards set forth in the Urban 

Renewal Plan within 24 months from the date of written notice of 

i the required improvements. The Department of Housing and Community 

Development, after due consideration that the property owner has 

,: failed to achieve substantial conformity with the codes and 

II ordinances of Baltimore City, may acquire such property pursuant 

to the Eminent Domain Law of this State as if the property had 
originally been planned for acquisition after 90 days written 

.. notice to the owner. The Department of Housing and Community 

v.. Development reserves the right to acquire any such non-complying 

property for a period of two (2) years from the date of said 

-»». written 90 days notice by the Department of Housing and Community 

f" Development. 

^" SEC. 4. AND BE IT FURTHER ORDAINED, That upon acquisition of 






the properties mentioned in Section 3 of this Ordinance, the 
Department of Housing and Community Development will either: 

(a) demolish the structure thereon and dispose of the land for 
redevelopment for uses in accordance with the Urban Renewal Plan; 
or 

(b) sell or lease the property subject to rehabilitation and 
in conformance with the codes and ordinances of Baltimore City and 

284 



Ord. No. 534 

the Property Rehabilitation Standards set forth in the Urban 
Renewal Plan; 

(c) rehabilitate the property in conformance with the codes 
and ordinances of Baltimore City and the Property Rehabilitation 
Standards set forth in the Urban Renewal Plan and dispose of the 
property in accordance with the applicable regulations. If sale 
cannot be consummated by the time rehabilitation is accomplished, 
the property may be rented pending continuing sale efforts. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the Real Estate 
Acquisition Division of the Department of the Comptroller, or such 
person or persons and in such manner as the Board of Estimates, in 
the exercise of the power vested in it by Article V, Section 5, of 
the Baltimore City Charter, may hereafter from time to time 
designate, is or are authorized to acquire on behalf of the Mayor 
and City Council of Baltimore and for the purposes described in 
this Ordinance, the fee simple interest or any lesser interest in 
and to the properties or portions thereof hereinabove mentioned. 

If the said Division, person or persons is or are unable to agree f^ 

with the owner or owners on the purchase price for said properties i, ' 

or portions thereof, it or they shall forthwith notify the City „^. 

Solicitor of Baltimore City, who shall thereupon institute in the ^ Q^ 

name of the Mayor and City Council of Baltimore the necessary legal » ^ 

proceedings to acquire by condemnation the fee simple interest or -^ 

any lesser interest in and to said properties or portions thereof. !^ C/ 

^ V 

SEC. 6. AND BE IT FURTHER ORDAINED, That all plans for new 
construction (including parking lots), rehabilitation, or change 
in use of any property not to be acquired under the provision of 
the Urban Renewal Plan shall be submitted to the Department of 
Housing and Community Development for review. Only upon finding 
that the proposed plans are consistent with the objectives of the 
Urban Renewal Plan shall the Commissioner of the Department of 
Housing and Community Development authorize the processing of the 
plans for issuance of a building permit. The provisions of this 
section are in addition to and not in lieu of all other applicable 
laws and ordinances relating to new construction. 

SEC. 7. AND BE IT FURTHER ORDAINED, That all applications for '^^^ 

demolition permits shall be submitted to the Department of Housing — ^j 

and Community Development for review and approval. Upon finding *^ "^ 

that the proposed demolition is consistent with the objectives of ^ ^J 

the Urban Renewal Plan, the Commissioner of the Department of j O^ 

Housing and Community Development shall authorize the issuance of (^ 

the necessary permit. If the Commissioner finds that the ^ 

proposal is inconsistent with the objectives of the Urban Renewal ;^ ^^ 

Plan and therefore denies the issuance of the permit, he shall, — r^ 

within 90 days of such denial, seek approval of the Board of 3 ^^ 
Estimates to acquire for and on behalf of the Mayor and City 
Council of Baltimore the property, in whole or in part, on which 

285 



C- 



Ord. No. 534 



said demolition was to have occurred, by purchase, lease, 
condemnation, gift or other legal means for the renovation, 
rehabilitation and disposition thereof. In the event that the 
Board of Estimates does not authorize the acquisition, the 
Commissioner shall, without delay, issue the demolition permit. 

SEC. 8. AND BE IT FURTHER ORDAINED, That in selling or 
otherwise disposing of property in the Liberty-Garrison Business 
Area, the Department of Housing and Community Development shall 
require that developers agree in writing not to discriminate in 
the sale, lease, use or occupancy of the property developed by 
them against any person because of race, religion, color, sex or 
national origin. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in addition to the 
standards for properties outlined in the codes and ordinances of 
the City of Baltimore, the following additional standards shall 
be applied to all non-residential uses within the 
Liberty-Garrison Business Area: 

a. Building Fronts and Sides Abutting Streets 

(1) All defective structural and decorative elements 
of building fronts and sides abutting streets shall be repaired 
or replaced in a workmanlike manner to match as closely as 
possible the original materials and construction of that 
building. 

(2) All cornices, upper story windows (and all other 
portions of a building containing wood trim) shall be made 
structurally sound. Rotten or weakened portions shall be 
removed, repaired, or replaced to match as closely as possible 
the original patterns. All exposed wood shall be painted or 
stained, or otherwise treated for protection. 

(3) A storefront as part of the building shall be 
defined to include: 

(a) the building face, porches and the entrance 
area leading to the door, 



c 

( (b) the door, side-lights, transoms, display 

platforms, devices including and signing designed to be viewed 
from the public right-of-way and/or the areas visible to the 
^^ public prior to entering the interior portion of the structure. 

»^' '' 

^! '' (4) Show windows, entrances, signs, lighting, sun 

tC' protection, porches, security grilles, etc., shall be compatible, 

* '^ ' harmonious and consistent with the original scale and character 

of the structure. All show window elements must be located 
within 13 feet of grade. 

286 



Ord. No. 534 



(5) Enclosures and housings for security grilles and 
screens shall be as inconspicuous as possible and compatible with 
other elements of the facade. (No new solid, roll down grilles 
are permitted.) Current solid roll down grilles must be repaired 
or removed. 

(6) All exposed portions of the grille, screen or 
enclosure which are normally painted and all portions which 
require painting to preserve, protect or renovate the surface 
shall be painted. 

(7) All exterior screens and grilles must be 
constructed so they can be opened or removed. Such screens and 
grilles shall be opened or removed during the normal business 
hours of that business. 

(8) Show windows with aluminum trim, mullions or 
muntins shall be consistent and compatible with the overall 
facade design, and must be painted with a paint suitable for 
metal surfaces to simulate a bronze anodized finish. 

(9) Decalcomanias one square foot or less in area may 
be affixed to show windows or entrance door windows. 



u 

> s 

(10) Solid and permanently enclosed or covered store - ^ 

fronts shall not be permitted, unless treated as an integral part ^ O 

of the building facade using wall materials and window detailing Jl ^ 

compatible with the upper floors, or other buildings surfaces; 
all damaged, sagging or otherwise deteriorated storefronts, show 
windows or entrances shall be repaired or replaced. 

(11) Awnings 

r 

(a) Soft (vinyl or canvas) awnings are permitted *. 
over the first floor and on upper floors above windows only. . ,■ ^ 

(b) They must be flame proofed. 

(c) They shall not project more than seven (7) 
feet from the building front, shall not be lower than eight (8) 

feet above grade, and shall otherwise conform with the provisions i*. '"^ 

of city ordinances. "5 "*'^ 

(d) They shall terminate against the building at a j C^ 
height not to exceed thirteen (13) feet above the pavement, or "* ^^ 
one inch below the second floor window sill, whichever is lower. ^ 

(e) Awnings constructed of a rigid material are * f^ 
not permitted. 3 ^^ 



287 



Ord. No. 534 

(12) Adjoining buildings used by the same occupant 
shall be rehabilitated and repaired with mater-ials and in a 
manner consistent with the original construction techniques where 
feasible. 

(13) All exterior front or side walls which have not 
been wholly or partially resurfaced or built over shall be 
repaired and cleaned or pointed in an acceptable manner. Brick 
walls shall be painted where necessary. Painted masonry walls 
shall have loose materials removed and be painted a single color 
except for trim which may be another color. Patched walls shall 
match the existing adjacent surfaces as to materials, color, bond 
and joining. Cleaning of masonry walls by means of sandblasting 
shall not be permitted except where it is determined by the 
Commissioner of the Department of Housing and Community 
Development to be the only feasible means of surface cleaning of 
masonry and where, in this opinion, it will not cause damage to 
historic building materials. Painting of a front building facade 
shall be of a color that is approved by the Department of Housing 
and Community Development. 

(14) Applied facing materials shall be treated as 

follows : 
#••■ 

Aluminum siding, corrugated/ribbed metal and wood, if 
in good condition shall be painted with a paint suitable for 
metal surfaces in a color to be approved by the Department of 
Housing and Community Development; all other materials shall be 
repaired as necessary according to the minimum standards set 
forth in this ordinance. Aluminum siding, formstone, real or 
simulated wood shakes or pebble faced plywood shall not be 
permitted for any future use. 

(15) Dormer windows on roofs sloping toward the 
shopping street shall be treated in accordance with the same 
criteria as building fronts. 

c. 

(16) Existing miscellaneous elements on the building 
,^ fronts, such as empty electrical or other conduits, unused 

brackets, etc., shall be eliminated. 



r 



(17) Sheet metal gutter downspouts shall be repaired or 
replaced as necessary and shall be neatly located and securely 
installed. Gutters and downspouts shall be painted to harmonize 
with the other building front colors. 

(18) Presently unpainted stone buildings shall not be 
painted. 

b. Windows 



288 



Ord. No. 534 



(1) Windows not in the front of buildings shall be kept 
properly repaired, or with Fire Department approval, may be 
closed with materials and a design that match or are compatible 
with the material design and finish of the adjacent wall. 
AAPlywood will not be allowed as an infill material. 

(2) All windows must be tight-fitting and have sashes 
of proper size and design. Sashes with rotten wood, broken 
joints or loose mullions or muntins shall be replaced. All 
broken and missing windows shall be replaced with glass, 
plexiglass or lexan. All exposed wood shall be repaired and 
painted. 

(3) Window openings in upper floors of the front of the 
building shall not be filled or boarded up. Windows in unused 
areas of the upper floors may be backed by a solid surface on the 
inside -of the glass providing that the backing is painted in a 
manner that is compatible with the exterior facade of the 
building. Window panes shall not be painted. 

c. Rear and Side Walls 



00 



(1) Rear and side walls shall be repaired and cleaned - ^ 
or painted to present a neat, fresh and uniform appearance. Rear 

walls shall be painted to cover evenly all miscellaneous patched 
and filled areas to present an even and uniform surface. 

(2) Side walls, where visible from any of the streets, 
shall be finished or painted so as to harmonize with the front of 
the building. 

d. Roofs 

(1) Chimneys, elevators, penthouses or any other 
auxiliary structures on the roofs shall be repaired and cleaned 
as required for rear and side walls. Any construction visible 
from the street or from other buildings shall be finished so as 

to be harmonious with other visible building walls. UJ 

" c 

(2) Any mechanical equipment placed on a roof shall be ^ ^^ 
so located as to be hidden from view from the shopping streets, » ''^^ 
and to be as inconspicuous as possible from other viewpoints. ^ -^•^ 
Equipment shall be screened with suitable elements of a permanent ^ ^^ 
nature or finished so as to harmonize with the rest of the "^ ^^ 
building. Where such screening is unfeasible, equipment shall be -* ^^ 
installed in a neat, presentable manner and shall be painted in ^ 
such a manner as to minimize its visibility. ~ 

- b? 

(3) Television and radio antennae shall be located so ^ ^1- 
as to be as inconspicuous as possible. 

289 



Ord. No. 534 

(4) Roofs shall be kept free of trash, debris, or any 
other element which is not a permanent part of the building or a 
functioning element of its mechanical or electrical system. 

e. Signs 

The intention of the following regulations is to 
promote a harmonious appearance of the business area by a 
continuous sign band area and by reducing sign clutter. 

(1) Existing flat signs may remain, provided they 
conform to this Plan. 

(2) All flat signs shall be attached to and placed 
parallel to the building face and shall not project more than 12 
inches from the surface of the building and shall not exceed in 
area three times the width in feet of the frontage- of the 
building. In the case of corner properties, each facade is to be 
calculated separately as to size allowed for each. Flat signs 
shall be placed so that the top edge of such signs is no higher 
than the bottom of the second story windows (where windows 

^..- exist) , or 13 feet above grade level, whichever is lower, or at a 

» location in scale with the building facade as approved by the 

Department of Housing and Community Development. Signs or 
portions of signs may not be placed lower than 8 feet above the 
sidewalk grade. 

(3) The primary sign for a shop may be painted on or 
I applied directly .to the show window. The lettering applied to 

ground floor show windows or entrance doors shall not exceed 2\ 
K inches in height, and 6 square feet in size, except where 

i« . authorized by the Department of Housing and Community 

Development. 

-. (4) Signs must be of a permanent nature and be 

v.. professionally lettered on a durable weather resistant surface. 

Only one such sign shall be permitted on any face of the 
building. Material and design of all signs shall be approved by 
^^ the Department of Housing and Community Development. 

( ' (5) All lighting and electrical elements such as 

/•^ . wires, conduits, junction boxes, transformers, ballast, switches 

^-' ■ and panel boxes shall be concealed from view as much as possible. 

Existing flat signs will be permitted to remain if they solely 
identify the name of the business within the building and if 
^* the product/supplier advertising does not exceed 15% of the 

ti: r existing sign size. 

"" (6) Marquees or canopies shall be permitted only with 

prior approval from the Department of Housing and Community 
Development. 

290 



Ord. No. 534 

(7)- Painted signs on building surfaces or use of 
separate cutout letters shall be permitted in accordance with the 
above limits on flat signs. 

(8) Non-illuminated secondary signs shall not exceed 2 
square feet in area and shall not project more than 1 inch beyond 
the surface of the building, nor shall they be placed higher than 
13 feet above grade level. 

(9) Painted or inlaid signs on cloth awnings are 
permitted. 

(10) Flashing or moving signs other than barber poles 
shall not be permitted. 

(11) Existing overhanging sign attached to buildings 
within the project boundaries must be removed. No new 
overhanging signs shall be erected in the future except for 
parking signs which cannot project more than 4 feet or be more 

than 12 square feet for a total of 24 square feet. -^ 

(12) No portable or permanent signs shall be allowed in L-^ 
the footways or within 5 feet of the property line within the ^ ^ 
project boundaries. 

(13) All unused existing roof top and facade mounted ^ 
sign brackets and hardware shall be removed. All remaining ]\ r> 
brackets shall be scraped and painted in a color to make them as 
inconspicuous as possible. 

(14) All signs must be properly maintained. Scaling 
paint, missing or unit letter, broken, faded or cracked signs 
must be repaired or replaced or the entire sign must be removed. 

(15) No private signs shall be permitted except as 
herein provided or as otherwise authorized by the Department of 

Housing and Community Development for temporary purposes not -- 

exceeding 30 days. UJ 



(16) Each store is required to display a postal 
address number on the storefront. Number size, location and « 

design shall be approved by the Commissioner. 1) 



- c 

3 



f. Auxiliary Structures '" ^^ 



Structures at the rears of buildings attached or 
unattached to the principal commercial structure which are J^ 

structurally deficient, shall be properly repaired or demolished. ^ J**^ 

g. Yards 

291 






Ord. No. 534 

Where a front, side or rear yard exists or is created 
through the demolition of structures, the owner shall condition 
the open areas in a manner consistent with the following 
standards. The owner shall submit his proposal for use of space 
to the Department for approval. 

(1) No storage of trash containers shall be allowed except 
when housed in or screened by permanent structures of acceptable 
design. Trash storage areas shall be maintained in a neat and 
clean manner at all times. 

(2) Off-street loading, storage and service. 

(a) Where permitted by the Zoning Ordinance of 
Baltimore City, front, side or rear yards may be used for 
loading, storage or service. In addition to any requirements of 
the Zoning Ordinance, these areas shall be appropriately screened 
from all adjacent street and properties except where such 
screening would inhibit the use of the area for parking and/or 
loading. 

^' (b) Appropriate screening shall include, but is not 

* necessarily limited to, solid and perforated masonry walls at 

least five feet, six inches in height, solid fences and trees, 
and shrubs planted at appropriate intervals or a combination of 
these. 

(3) All yards used for loading and vehicle storage and 
service shall be provided with the proper ingress and egress to a 
public street or alley by means of access drives and aisles. 

■ Such drives and aisles shall be consistent with the intended use 

•c:* ; of the property and shall not be excessive in size. 



I . (4) A rear yard may be enclosed along side and rear 

^- property lines by an appropriate wall, consistent and harmonious 

^-- in design with the rear walls on the building. Solid doors or 

solid gates may be used to the extent necessary for access and 
delivery. Such walls must not be less than five feet nor more 
\ than five feet six inches in height. Use of barbed wire or 

Ll. broken glass on top of walls shall not be permitted. 



( 



h. Lighting 

(1) The following lighting methods are not permitted 
to illuminate the front of any building or any side fronting on a 
major street: 

(a) Exposed Fluorescent lighting. 

(b) Exposed quartz or mercury vapor lamps. 



292 



Ord. No. 534 

(c) Exposed incandescent lamps other than low 
wattage, purely decorative lighting. 

(2) The following lighting methods are permitted: 

(a) "Gooseneck incandescent", porcelain enamel 
reflector on bent metal tube arm. 

(b) Internally illuminated (except projecting 
signs) on back-lit (halo) letters. 

(c) Fully recessed downlights or wallwashers in 
projecting metal box. Box must run full length of storefront at 
top of sign zone. 

(d) Shielded fluorescent lamps with diffusers in 
projecting metal box. Box must run full length of storefront at 
top of sign zone. 

i. Footways ^/) 

u 

Footways adjacent to all properties within the area •— 

boundaries shall be maintained in a manner consistent with ' C^. 

applicable Baltimore City codes. In addition, when required, 
footways shall be repaired or replaced to present a neat and even 
appearance in a manner that is compatible with materials, design -, ^ 

and finish of adjacent footway surfaces. No merchandise shall be •" V 

displayed, stored or permitted to remain outside buildings in the 
public footway. 

j. Period of Compliance 

To the extent that rehabilitation requirements for 
commercial uses are specifically applicable to the 
Liberty/Garrison Business Area and are not generally required 
elsewhere, the work necessary to meet such requirements shall be 
completed within 18 months from the effective date of the 
ordinance approving this Plan, unless extended by the 
Commissioner of the Department of Housing and Community 

Development. Thereafter, all work shall be completed in .^^.. 

accordance with the date of completion set forth in the notice ;• ^^^ 

from the Commissioner. -^ ' ^ 

k. Conformance with Rehabilitation Standards J w^ 

;. <^ 

No work, alterations, or improvements shall be ^ 

undertaken after enactment of the ordinance approving this Plan w^ ^^^ 

which do not conform with the requirements herein. However, the ;" ^^ 

Commissioner may waive compliance with one or more of these U 
standards if the proposed improvements do not adversely affect 
the objectives of the Liberty/Garrison Business Area. In the 

293 



Ord. No. 53 4 

event of a dispute regarding the meaning of any standard or 
requirement contained in this Plan, the Commissioner shall have 
final exclusive authority to determine the meaning of said 
standard or requirement. 

SEC. 10. AND BE IT FURTHER ORDAINED, That any person 
violating the provisions contained in Section 11 of this 
Ordinance shall be subject to a fine not exceeding $100.00 and 
that each day's violation shall constitute a separate offense. 

SEC. 11. AND BE IT FURTHER ORDAINED, That only the land 
uses contained in Section B.2 of the Urban Renewal Plan and shown 
on the Land Use Plan, Exhibit 1, dated August 12, 1989, shall be 
permitted within the Liberty-Garrison Business Area. 

SEC. 12. AND BE IT FURTHER ORDAINED, That the regulations, 
controls, and restrictions applicable to land to be acquired by 
the City as stated in Section B.4 of the Urban Renewal Plan are 
hereby approved. 

SEC. 13. AND BE IT FURTHER ORDAINED, That in whatever 
., respect, if any, the said Renewal Plan approved hereby may not 

fH" meet the requirements as to the content of a renewal plan or the 

^* * procedures for the preparation, adoption, and approval of renewal 

plans, as provided in Article 13 of the Baltimore City Code (1983 
Replacement Volume, as amended) , the said requirements are hereby 
; waived and the Renewal Plan approved hereby is exempted 

therefrom. • 

SEC. 14. AND BE IT FURTHER ORDAINED, That in the event it 
be judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this Ordinance or the 
application thereof to any person or circumstances is invalid, 
the remaining provisions and the application of such provisions 
to other persons or circumstances shall not be affected thereby, 

C the Mayor and City Council hereby declaring that they would have 

ordained the remaining provisions of this Ordinance without the 

•ss, . word, phrase, clause, sentence, paragraph, section or part or the 

f application thereof so held invalid. 

SEC. 15. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this Ordinance concerns the same subject matter as 
an existing provision of any urban renewal, zoning, building, 
electrical, plumbing, health, fire or safety ordinance or code or 
regulation, the applicable provisions concerned shall be 
— " construed so as to give effect to each; provided, however, that 

2? if such provisions are found to be in irreconcilable conflict, 

•'♦' the provision which establishes the higher standard for the 

'" promotion of the public health and safety shall prevail. In any 

case where a provision of this Ordinance is found to be in 
conflict with an existing provision of any other ordinance or 

294 



L 



Ord. No. 535 



code or regulation in force in the City of Baltimore which 
establishes a lower standard for the promotion and protection of 
the public health and safety, the provision of this Ordinance 
shall prevail, and the other existing provision of such other 
ordinance or code or regulation is hereby repealed to the extent 
that it may be found in conflict with this Ordinance. 

SEC. 16. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



(Council Bill No. 982) 



PARTNERSHIP RENTAL HOUSING PROGRAM 
HOUSING FOR LOWER INCOME HOUSEHOLDS 

295 



u 



11 c 



CITY OF BALTIMORE 

ORDINANCE NO. 53 5 

(Council Bill No. 980) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 491 approved July 1, 
1985, which provided for reserved parking on the west side 
of Fenwick Avenue, north of Harford Road for Afton Donald. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 491, approved July 1, 198 5, is 
hereby repealed and the authorization for reserved parking on the 
west side of Fenwick Avenue, north of Harford Road therein 
provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 20, 1990 U^ 

KURT L. SCHMOKE, Mayor .. ^' 

z *-^ 

CITY OF BALTIMORE 3 --^ 

ORDINANCE NO. 53 6 "J ^ 



: c> 



AN ORDINANCE concerning 1 t^ 

:> ^ 



Ord. No. 537 

FOR the purpose of authorizing and approving the extension of the 
Cooperation Agreement entered into by and between the Mayor 
and City Council of Baltimore and the Housing Authority of 
Baltimore City, a body corporate, on March 29, 1950, as 
approved by Ordinance No. 1077, approved March 20, 1950, as 
amended by Amendatory Agreement dated July 30, 1958, 
approved by Ordinance No. 1571, approved July 3, 1958, and 
as further amended and extended from time to time to housing 
projects comprising in the aggregate not more than 500 
dwelling units; providing for exceptions to any limitations 
or restrictions set forth in Sections 1 and 3A of Ordinance 
No. 1077, approved March 20, 1950, and providing that this 
ordinance be controlling in the event of inconsistencies. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That, notwithstanding any limitations or restrictions 
set forth in Sections 1 and 3A of Ordinance No. 1077, approved 
March 20, 1950, the Mayor and City Council do approve and 
authorize the extension of the Cooperation Agreement entered into 
by and between the Mayor and City Council of Baltimore and the 
Housing Authority of Baltimore City, a body corporate, on March 
29, 1950, approved by Ordinance No. 1077, approved March 20, 

^ 1950, as amended by Amendatory Agreement of July 30, 1958, 

^' approved by Ordinance No. 1571, approved July 3, 1958, and as 

further amended and extended from time to time, in all its 
applicable terms, covenants and conditions to projects comprising 

!" in the aggregate not more than 500 dwelling units to be developed 

within the City of Baltimore for lower income households pursuant 

• to the Partnership Rental Housing Program, as amended from time 

to time, and as administered by the Maryland Department of 
Economic and Community Development. 

SEC. 2. AND BE IT FURTHER ORDAINED, That any and all laws, 
ordinances and resolutions and any and all parts of any and all 

,. laws, ordinances and resolutions in force in the City of 

^■' Baltimore inconsistent with the provisions of this ordinance, are 

hereby declared not to be applicable to the provisions of this 

*"».. ordinance. 

r" 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

, ' Approved June 20, 1990 ' 

KURT L. SCHMOKE, Mayor 



C 



2? CITY "OF BALTIMORE 

ORDINANCE NO. 537 

(Council Bill No. 987) 

296 



Ord. No. 538 



AN ORDINANCE concerning 

PARKING - RESERVED - CATON AVENUE 

For the purpose of providing for reserved parking the north side 
of Caton Avenue for Mary C. Johnson. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That on the north side of Caton Avenue, from a point 
239' west of N. Hilton Street to a point 261' west of N. Hilton 
Street, parking is reserved for Mary C. Johnson, displaying a 
permit. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 538 

(Council Bill No. 990) 

AN ORDINANCE concerning 

BOND ISSUE - ASBESTOS REMOVAL LOAN 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore (pursuant to Resolution V of 1990 approved by the 

members of the General Assembly of Maryland representing 

Baltimore City) , to issue and sell its certificates of 

indebtedness to an amount not exceeding Two Million Dollars .. ^^ 

($2,000,000.00), the proceeds derived from the sale of the 

same to be used for the cost of issuance, including the 

expense of engraving, 'printing, advertising, attorneys' 

fees, and all other incidental expenses connected therewith, 

and the remainder of such proceeds shall be used to pay the 

costs of asbestos removal and encapsulation in existing 

buildings, structures and facilities owned or controlled by 

the Mayor and City Council of Baltimore, including but not ' ^^ 

limited to health, fire, urban services, multi-purpose, j C^ 

recreation, schools, office buildings and library ^^ 

facilities, to be or now being used for or in connection |3 

with the operations, functions and activities of the Mayor 11 ^^ 

and City Council of Baltimore, the payment of any and all |- r^^ 

costs and expenses incurred for or in connection with doing '^ ^^ 

any or all of the things herein mentioned, including, but 

not limited to, the costs and expenses of securing 

297 



r 



Ord. No. 538 

administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things 
necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things 
hereinbefore mentioned; to confer and impose upon the Board 
of Finance of Baltimore City certain powers and duties; to 
authorize the submission of this Ordinance to the Legal 
voters of the City of Baltimore, for their approval or 
disapproval, at the General Election to be held in Baltimore 
City on Tuesday, the 6th day of November, 1990 and providing 
for the expenditure of the proceeds of sale of said 
certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council 
of Baltimore. 

WHEREAS, By Resolution V of 1990 approved by the Members of 
the General Assembly of Maryland representing Baltimore City, the 
Mayor and City Council of Baltimore is authorized to create a 
debt and to issue and sell its certificates of indebtedness 
(hereinafter called "bonds") as evidence thereof, to an amount 
not exceeding Two Million Dollars ($2,000,000.00) in the manner 
and upon the terms set forth in said Resolution, the net cash 
proceeds derived from the sale of said bonds, not exceeding the 
par value of said bonds, to be used for asbestos removal purposes 
as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and City Council of Baltimore, acting 
by and through the Board of Finance of said municipality, be and 
. . it is hereby authorized and empowered to issue bonds of the Mayor 

C- and City Council of Baltimore to an amount not exceeding Two 

Million Dollars ($2,000,000.00), from time to time, as the same 
Hv, , may be needed or required for the purposes hereinafter named and 

f said bonds shall be sold by said Board of Finance from time to 

time and at such times as shall be requisite, and the proceeds 
derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall 
not become effective unless it shall be approved by a majority of 
L-*. the votes of the legal voters of Baltimore City cast at the time 

^:5' and place hereinafter designated by this Ordinance. 

2?' SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may be in 
sums of One Thousand Dollars ($1,000.00), or any suitable 
multiple thereof. 

298 



L 



Ord. No. 538 . 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to 
discharge the entire principal amount represented thereby within 
not more than forty (40) years from the date of their issuance; 
provided, however, that it shall not be necessary to provide for 
the maturity of any part of the principal amount represented by 
any of said bonds for- the first five (5) years from the date of 
their issuance. 

(c) Said bonds, when issued, shall bear interest at 
such rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when any of 
said bonds are issued, and such interest shall be payable semi- 
annually. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of the 
Board of Finance of the Mayor and City Council- of Baltimore be, 
and they are hereby, authorized to pass a resolution or 
resolutions, from time to time, to determine and set forth any or 
all of the following: ^/^ 

(a) The amount of debt to be incurred by the Mayor and .— 
City Council of Baltimore at any particular time, and from time r^ 
to time, under and pursuant to the provisions of this Ordinance; 

the date or dates when any bonds representing said debt, or any 

part thereof, are to mature, and the amount or amounts of said , *- 

debt, or any part thereof, which shall mature upon the aforesaid ■ C^ 

date or dates; and the semi-annual dates in each year, during the 

entire period of time when any of said bonds are outstanding, 

when interest on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the 
provisions of this Ordinance at any particular time, including 
any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, 

for the issuance of fully registered bonds; the provisions, if , 

any, for the registration as to principal of any coupon bonds; L-^ 

and the provisions, if any, for the conversion and reconversion ■ (^ 

into coupon bonds of any fully registered bonds or coupon bonds ► ^j^ 

registered as to principal; the place or places for the payment - ^^^ 

of principal and interest of said bonds; and the date of said .) "y, 

bonds issued at any particular time, and the right of redemption * "^Z, 

of said bonds by the City prior to maturity; and j C*^ 

(c) The time, place, manner and medium of advertisement .. 

of the readiness of the Board of Finance, acting for and on tm ^^. 

behalf of the Mayor and City Council of Baltimore, to receive ;■ •^>' 

bids for the purchase of the bonds authorized to be issued .) ^^ 

hereunder, or any part thereof; the form, terms and conditions of 
such bids; the time, place and manner of awarding bonds so bid 

299 



c 



Ord. No. 538 



for, including the right whenever any of the bonds authorized by 
this Ordinance are offered for sale and sold at the same time as 
other bonds of said City, to establish the conditions for bids 
and awards and to award all of said bonds on an all or none 
basis; and the time, place, terms and manner of settlement for 
the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
Ordinance shall be applied first to defray the cost of issuance 
thereof and the balance, if any, shall be applied to the payment 
of interest on any of said bonds becoming due and payable during 
the fiscal year in which said bonds are issued and sold or during 
the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable thereon 
(including any profit made in the sale thereof) , shall be and 
remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 



(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance shall be sold at public sale to the 
highest: responsible bidder or bidders therefor after due notice 
of such sale, but the Mayor and City Council of Baltimore, acting 
by and through the Board of Finance thereof, shall have the right 
to reject any or all bids therefor for any reason, and thereafter 
reoffer such bonds at public sale as aforesaid or at private 
sale, provided that if such bonds be offered at private sale they 
shall be offered for sale and sold for not less than par and 
^t accrued interest. 

^ SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 

interest on and principal of any bonds issued pursuant to the 
^. provisions of this Ordinance have been paid in full, the Mayor 

r and City Council of Baltimore shall levy and impose an annual tax 

on each One Hundred Dollars ($100.00) of assessable property in 
the City of Baltimore at a rate sufficient to produce revenue to 
pay all interest on and principal of all bonds theretofore issued 
and outstanding or authorized to be issued and outstanding, 
payable in the next succeeding year. 

L^* SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 

^' shall be submitted to the legal voters of the City of Baltimore, 

for their approval or disapproval, at the General Election to be 
held in Baltimore City, on Tuesday, the 6th day of November, 
1990. 

300 



k 



Ord. No. 538 



SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the date 
of the election hereinbefore mentioned, notice shall be given to 
the public of the amount of money which the Mayor and City 
Council of Baltimore is authorized to borrow, and the general 
purposes for which such borrowed funds may be expended, under the 
terms and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such public 
notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the borids authorized to be 
issued under the provisions of this Ordinance, not exceeding the 
par value thereof, shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to 
the premium realized from the sale, if any, for the cost of 

issuance, including the expense of engraving, printing, f/\ 

advertising, attorneys' fees, and all other incidental expenses 
connected therewith; and 



u 



(b) The remainder of such proceeds shall be used to pay 
the costs of asbestos removal and encapsulation in existing 
buildings, structures and facilities owned or controlled by the 
Mayor and City Council of Baltimore, including but not limited to ; 

health, fire, urban services, multi-purpose, recreation, schools, 
office buildings and library facilities, to be or now being used 
for or in connection with the operations, functions and 
activities of the Mayor and City Council of Baltimore; the 
payment of any and all costs and expenses incurred for or in 

connection with doing any or all of the things herein mentioned, '', 

including but not limited to, the costs and expenses of securing ^ 

administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things 
necessary, proper or expedient in connection with or pertaining 
to any or all the matters or things hereinbefore mentioned. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be 

issued under the provisions of this Ordinance shall be in ^ ^^ 

accordance with the provisions of the Charter of the Mayor and j C^ 

City Council of Baltimore, and by the municipal agency designated ^^ 

in the annual Ordinance of Estimates of the Mayor and City * 

Council of Baltimore. ,Z -^ 

- O? 

Approved June 20, 1990 ^ ^*- 

KURT L. SCHMOKE, Mayor 
301 



Ord. No. 539 

CITY OF BALTIMORE 

ORDINANCE NO. 539 

(Council Bill No. 991) 

AN ORDINANCE concerning 

BOND ISSUE - BON SECOURS HOSPITAL LOAN 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore (pursuant to Resolution III of 1990 approved by 
the members of the General Assembly of Maryland representing 
Baltimore City) , to issue and sell its certificates of 
indebtedness to an amount not exceeding Two Million Dollars 
($2,000,000.00), the proceeds derived from the sale of the 
same to be loan e d to q foundation to be form e d by Bon 
Socour s Ho s pital for hospital purposes to be used for the 
cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith, and the remainder 
of such proceeds shall be loaned to a foundation to be 
C^ ■ formed by Bon Secours Hospital for hospital purposes to be 

":. used for the acquisition, construction, reconstruction, 

installation, erection, protection, extension, enlargement, 
renovation or modernization of, and additions to, hospital 
buildings, structures or facilities, and for the 
acquisition and installation of equipment for any and all 
new or existing facilities authorized to be constructed, 
erected, established or improved under the provisions 
hereof, and for doing any and all things necessary, proper 
« , or expedient in connection with or pertaining to any or all 

of the matters or things hereinbefore mentioned; provided, 
. . however, that no part of such proceeds shall be used to pay 

^\/ costs not directly related to and required for the 

C. . acquisition, construction, improvement, or completion or a 

specific physical improvement and the initial equipping 
s.. , thereof; limiting the use of the proceeds of the sale of the 

f ' bonds to expenditures for capital improvement projects 

having an estimated average service life of not less than 
fifteen (15) years, and providing that such proceeds shall 
not be used for current operating expenses of the City or 
other Legal Entity; to confer and impose upon the Board of 
i>-^. Finance of Baltimore City certain powers and duties; to 

^> authorize the submission of this Ordinance to the Legal 

^;— voters of the City of Baltimore, for their approval or 

^^ disapproval, at the General Election to be held in Baltimore 

City on Tuesday, the 6th day of November, 1990; providing 
that any financial loan made shall be self-supporting; and 
providing for the expenditure of the proceeds of sale of 
said certificates of indebtedness in accordance with the 

302 



Ord. No. 539 

provisions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in the 
annual Ordinance of Estimates of the Mayor and City Council 
of Baltimore. 

WHEREAS, By Resolution III of 1990 approved by the Members 
of the General Assembly of Maryland representing Baltimore City, 
the Mayor and City Council of Baltimore is authorized to create a 
debt and to issue and sell its certificates of indebtedness 
(hereinafter called "bonds") as evidence thereof, to an amount 
not exceeding Two Million Dollars ($2,000,000.00) in the manner 
and upon the terms set forth in said Resolution, the net cash 
proceeds derived from the sale of said bonds, not exceeding the 
par value of said bonds, to be used for recreQtional and park 
hospital purposes as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; f»ew now , 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF (J^ 

BALTIMORE, That the Mayor and City Council of Baltimore, acting L-U 

by and through the Board of Finance of said municipality, be and •— » 

it is hereby authorized and empowered to issue bonds of the Mayor Q^ 

and City Council of Baltimore to an amount not exceeding One ^ 

Million Five Hundred Thou9Qnd Dollars — ($1, 500, 000. 00) Two Million .- 

Dollars ($2.000.000.00) . from time to time, as the same may be 
needed or required for the purposes hereinafter named and said 
bonds shall be sold by said Board of Finance from time to time 

and at such times as shall be requisite, and the proceeds derived — ** 

from the sale of said bonds shall be used for the purposes 
hereinafter named, provided that this Ordinance shall not become 
effective unless it shall be approved by a majority of the votes 
of the legal voters of Baltimore City cast at the time and place 
hereinafter designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may be in 
sums of One Thousand Dollars ($1,000.00), or any suitable 
multiple thereof. 



(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to , - 

discharge the entire principal amount represented thereby within ^ C^ 

not more than forty (40) years from the date of their issuance; 
provided, however, that it shall not be necessary to provide for 

the maturity of any part of the principal amount represented by " \y^ 

any of said bonds for the first five (5) years from the date of ^ ^^ 

their issuance. 

303 



g- 



Ord. No. 539 

(c) Said bonds, when issued, shall bear interest at 
such rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when any of 
said bonds are issued, and such interest shall be payable semi- 
annually. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, 
and they are hereby, authorized to pass a resolution or 
resolutions, from time to time, to determine and set forth any or 
all of the following: 

(a) The amount of debt to be incurred by the Mayor and 
City Council of Baltimore at any particular time, and from time 
to time, under and pursuant to the provisions of this Ordinance; 
the date or dates when any bonds representing said debt, or any 
part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid 
date or dates; and the semi-annual dates in each year, during the 
entire period of time when any of said bonds are outstanding, 
when interest on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the 

''- provisions of this Ordinance at any particular time, including 

any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, 
for the issuance of fully registered bonds; the provisions, if 
any, for the registration as to principal of any coupon bonds; 

• and the provisions, if any, for the conversion and reconversion 

into coupon bonds of any fully registered bonds or coupon bonds 
registered as to principal; the place or places for the payment 
of principal and interest of said bonds; and the date of said 
bonds issued at any particular time, and the right of redemption 

'^ of said bonds by the City prior to maturity; and 

^- (c) The time, place, manner and. medium of advertisement 

of the readiness of the Board of Finance, acting for and on 
'•^», behalf of the Mayor and City Council of Baltimore, to receive 

C bids for the purchase of the bonds authorized to be issued 

L hereunder, or any part thereof; the form, terms and conditions of 

( such bids; the time, place and manner of awarding bonds so bid 

for, including the right whenever any of the bonds authorized by 
this Ordinance are offered for sale and sold at the same time as 
^" other bonds of said City, to establish the conditions for bids 

^^^ and awards and to award all of said bonds on an all or none 

^"Z basis; and the time, place, terms and manner of settlement for 

•c' the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

304 



Ord. No. 539 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
Ordinance shall be applied first to defray the cost of issuance 
thereof and the balance, if any, shall be applied to the payment 
of interest on any of said bonds becoming due and payable during 
the fiscal year in which said bonds are issued and sold or during 
the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable thereon 
(including any profit made in the sale thereof) , shall be and 
remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due notice 
of such sale, but the Mayor and City Council of Baltimore, acting 

by and through the Board of Finance thereof, shall have the right f/\ 

to reject any or all bids therefor for any reason, and thereafter •.' 

reoffered such bonds at public sale as aforesaid or at private J^ 

sale provided that if such bonds be offered at private sale they q^ 
shall be offered for sale and sold for not less than par and 

accrued interest. ^ 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the ^ 

interest on and principal of any bonds issued pursuant to the •• 

provisions of this Ordinance have been paid in full, the Mayor ^- 

and City Council of Baltimore shall levy and impose an annual tax 
on each One Hundred Dollars ($100.00) of assessable property in 
the City of Baltimore at a rate sufficient to produce revenue to 
pay all interest on and principal of all bonds theretofore issued ♦' 

and outstanding or authorized to be issued and outstanding, » 

payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be submitted to the legal voters 'of the City of Baltimore, 
for their approval or disapproval, at the General Election to be 
held in Baltimore City, on Tuesday, the 6th day of November, 
1990. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the date • ^ 

of the election hereinbefore mentioned, notice shall be given to J C^ 

the public of the amount of money which the Mayor and City ^^ 

Council of Baltimore is authorized to borrow, and the general 

purposes for which such borrowed funds may be expended, under the * ^^ 

terms and provisions of this Ordinance, and the time when the - f^ 

election hereinbefore mentioned is to be held; and such public 
notice shall be given in such manner and by such means or through 

305 



'^ 



C: 



£! 



Ord. No. 539 

such media and at s\ich time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be 
issued under the provisions of this Ordinance, not exceeding the 
par value thereof, shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to 
the premium realized from the sale, if any, for the cost of 
issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental expenses 
connected therewith; and 

(b) The remainder of such proceeds shall be used for 
the acquisition, construction, reconstruction, installation, 
erection, protection, extension, enlargement, renovation or 
modernization of, and additions to, hospital buildings, 
structures or facilities; and for the acquisition and 
installation of equipment for any and all new or existing 
facilities authorized to be constructed, erected, established, or 
improved under the provisions hereof, and for doing any and all 
things necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things hereinbefore 
mentioned; provided, however, that no part of such proceeds shall 
be used to pay costs not directly related to and required for the 
acquisition, construction, improvement, or completion of a 

i specific physical improvement and the initial equipping thereof-^j. 

^. . (c) The use of the proceeds of the sale of the bonds 

^i^ shall be limited to expenditures for capital improvement projects 

having an estimated average service life of not less than fifteen 
(15) years, and such proceeds shall not be used for current 
operating expenses of the City or other legal entity. 
C. 

SEC. 9. AND BE IT FURTHER ORDAINED, That no part of the 
s.^ proceeds of sale of the bonds hereby authorized to be issued 

r"' shall be expended until after the Board of Finance has 

n'" determined, based upon such data as said Board of Finance shall 

JIT^Z' require to be submitted to it to enable it to make such 

J:^ J- determination, that any financial loan made from such proceeds, 

Oil shall, in fact, be self-supporting. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be 
issued under the provisions of this Ordinance shall be in 
accordance with the provisions of the Charter of the Mayor and 
City Coumcil of Baltimore, and by the municipal agency designated 



306 






Ord. No. 540 



j in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 54 

(Council Bill No. 992) 

AN ORDINANCE concerning 

BOND ISSUE - COMMUNITY DEVELOPMENT LOAN 

FOR the purpose of authorizing the Mayor and City Council of 

Baltimore (pursuant to Resolution I of 1990 approved by the 

members of the General Assembly of Maryland representing ^/^ 

Baltimore City) , to issue and sell its certificates of l^' 

indebtedness to an amount not exceeding Six Million Dollars ^^^ 

($6,000,000.00), the proceeds derived from the sale of the Qy^ 

same to be used for the cost of issuance, including the - 

expense of engraving, printing, advertising, attorneys* ^ 

fees, and all other incidental expenses connected therewith, 

and the remainder of such proceeds shall be used for or in 

connection with planning, developing, executing, and making 

operative the Community Development Program of the Mayor and 

City Council of Baltimore, including, but not limited to, 

the acquisition, by purchase, lease, condemnation or any 

other legal means, of land or property, or any right, 

interest, franchise, easement or privilege therein, in the 

City of Baltimore; the payment of any and all costs and 

expenses incurred in connection with or incidental to the 

acquisition and management of said land or property, 

including any and all rights or interest therein 

hereinbefore mentioned; The the payment of any and all costs 

and expenses incurred for or in connection with relocating 

and moving persons or other legal entities displaced by the 

acquisition of said land or property, or any of the rights 

or interest therein hereinbefore mentioned; the development, 

or redevelopment, including, but not limited to, the ' -^i^ 

comprehensive renovation or rehabilitation of any land or i C^ 

property, or any rights or interests therein hereinbefore ^ ^^ 

mentioned, in the City of Baltimore, and the disposition of \ 

land and property for such purposes; the elimination of p> ^^^ 

unhealthful, unsanitary or unsafe conditions, lessening - r^ 

density, eliminating obsolete or other uses detrimental to ) ^^ 

the public welfare or otherwise removing or preventing the 

spread of blight or deterioration in the City of Baltimore; 

307 



Ord. No. 540 

the demolition, removal, relocation, renovation or 
alteration of land, buildings, streets, highways, alleys, 
utilities or services, and other structures or improvements, 
and for the construction, reconstruction, installation, 
relocation or repair of buildings, streets, highways, 
alleys, utilities or services, and other structures or 
improvements; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the 
costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional services; 
and doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned; limiting the use 
of the proceeds of the sale of the bonds to expenditures for 
capital improvement projects having an estimated service 
life of not less than fifteen (15) years, and providing that 
such proceed proceeds shall not be used for current 
operating expenses of the City; conferring and imposing upon 
the Board of Finance of Baltimore City certain powers and 
duties; authorizing the submission of this Ordinance to the 
(Z.'^ Legal voters of the City of Baltimore, for their approval or 

disapproval, at the General Election to be held in Baltimore 
City on Tuesday, the 6th day of November, 1990 and providing 
for the expenditure of the proceeds of sale of said 
•-• certificates of indebtedness in accordance with the 

^'•- provisions of the Charter of the Mayor and City Council of 

p- ' Baltimore, and by the municipal agency designated in the 

annual Ordinance of Estimates of the Mayor and City Council 
of Baltimore. 

WHEREAS, By Resolution I of 1990 approved by the Members of 
the General Assembly of Maryland representing Baltimore City, the 
Mayor and City Council of Baltimore is authorized to create a 
(' debt and to issue and sell its certificates of indebtedness 

(hereinafter called "bonds") as evidence thereof, to an amount 
not exceeding Six Million Dollars ($6,000,000.00) in the manner 
and upon the terms set forth in said Resolution, the proceeds 
thereof, not exceeding the par value of said certificates of 
indebtedness, to be used for or in connection with the Community 
Development Program of the City of Baltimore; and 



^ 



^. 



D:: 

Ll^ WHEREAS, Funds are now needed for said purposes; now, 

^>-' therefore, 

2*' SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

•— Z BALTIMORE, That the Mayor and City Council of Baltimore, acting 

•— — by and through the Board of Finance of said municipality, be and 

it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore to an amount not exceeding Six 

308 



I Ord. No. 54 

Million Dollars ($6,000,000.00), from time to time, as the same 
may be needed or required for the purposes hereinafter named and 
said bonds shall be sold by said Board of Finance from time to 
time and at such times as shall be requisite, and the proceeds 
derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall 
not become effective unless it shall be approved by a majority of 
the votes of the legal voters of Baltimore City cast at the time 
and place hereinafter designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may be in 
sums of One Thousand Dollars ($1,000.00), or any suitable 
multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to 

discharge the entire principal amount represented thereby within (^ 

not more than forty (40) years from the date of their issuance; i, 

provided, however, that it shall not be necessary to provide for ^^^ 

the maturity of any part of the principal amount represented by ^v 
any of said bonds for the first five (5) years from the date of 

their issuance. ^ 

(c) Said bonds, when issued, shall bear interest at ^ 
such rate or rates as may be determined by a majority of the •►' 
Board of Finance by resolution at such time or times when any of -^ 
said bonds are issued, and such interest shall be payable semi- 
annually. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, 
and they are hereby, authorized to pass a resolution or 
resolutions, from time to time, to determine and set forth any or 
all of the following: 

(a) The amount of debt to be incurred by the Mayor and 
City Council of Baltimore at any particular time, and from time 
to time, under and pursuant to the provisions of this Ordinance; 
the date or dates when any bonds representing said debt, or any 

part thereof, are to mature, and the amount or amounts of said ' -^^ 

debt, or any part thereof, which shall mature upon the aforesaid j C^ 

date or dates; and the semi-annual dates in each year, during the ^^ 

entire period of time when any of said bonds are outstanding, \ 

when interest on any of said bonds shall be payable. » ^^ 

• "^ 

(b) The form or forms of the bonds representing the > ^-*- 
debt, or any part thereof, authorized to be issued under the 

/ 

309 



Ord. No. 540 



provisions of this Ordinance at any particular time, including 
any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, 
for the issuance of fully registered bonds; the provisions, if 
any, for the registration as to principal of any coupon bonds; 
and the provisions, if any, for the conversion and reconversion 
into coupon bonds of any fully registered bonds or coupon bonds 
registered as to principal; the place or places for the payment 
of principal and interest of said bonds; and the date of said 
bonds issued at any particular time, and the right of redemption 
of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement 
of the readiness of the Board of Finance, acting for and on 
behalf of the Mayor and City Council of Baltimore, to receive 
bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of 
such bids; the time, place and manner of awarding bonds so bid 
for, including the right whenever any of the bonds authorized by 
this Ordinance are offered for sale and sold at the same time as 
other bonds of said City, to establish the conditions for bids 
and awards and to award all of said bonds on an all or none 
basis; and the time, place, terms and manner of settlement for 
the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
Ordinance shall be applied first to defray the cost of issuance 
thereof and the balance, if any, shall be applied to the payment 
of interest on any of said bonds becoming due and payable during 
the fiscal year in which said bonds are issued and sold or during 
the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable thereon 
(including any profit made in the sale thereof) , shall be and 
remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due notice 
of such sale, but the Mayor and City Council of Baltimore, acting 
by and through the Board of Finance thereof, shall have the right 
to reject any or all bids therefor for any reason, and thereafter 
reoffer such bonds at public sale as aforesaid or at private sale 
provided that if such bonds be offered at private sale they shall 



310 



Ord. No. 54 

be offered for sale and sold for not less than par and accrued 
interest. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest on and principal of any bonds issued pursuant to the 
provisions of this Ordinance have been paid in full, the Mayor 
and City Council of Baltimore shall levy and impose an annual tax 
on each One Hundred Dollars ($100.00) of assessable property in 
the City of Baltimore at a rate sufficient to produce revenue to 
pay all interest on and principal of all bonds theretofore issued 
and outstanding or authorized to be issued and outstanding, 
payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be submitted to the legal voters of the City of Baltimore, 
for their approval or disapproval, at the General Election to be 
held in Baltimore City, on Tuesday, the 6th day of November, 
1990. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the date (J^ 

of the election hereinbefore mentioned, notice shall be given to j^ 

the public of the amount of money which the Mayor and City ••-' 

Council of Baltimore is authorized to borrow, and the general ^ 

purposes for which such borrowed funds may be expended, under the ^ 
terms and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such public 

notice shall be given in such manner and by such means or through C^ 

such media and at such time or times as may be determined, from "* 

time to time, by a majority of the Board of Finance. — " 



SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be 
issued under the provisions of this Ordinance, not exceeding the 
par value thereof, shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to 
the premium realized from the sale, if any, for the cost of 
issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental expenses 
connected therewith; and 

(b) The remainder of such proceeds shall be used for or 
in connection with planning, developing, executing and making 
operative the Community Development Program of the Mayor and City 
Council of Baltimore, including, but not limited to: 

(i) The acquisition, by purchase, lease, 
condemnation, or any other legal means, of land or property, or 
any right, interest, franchise, easement or privilege therein, in 
the City of Baltimore; 

311 



c 






i!2 



Ord. No. 540 

(ii) The payment of any and all costs and 
expenses incurred in connection with or incidental to the 
acquisition and management of said land or property, including 
any and all rights or interest therein hereinbefore mentioned; 

(iii) The payment of any and all costs and 
expenses incurred for or in connection with relocating and movinc 
persons or other legal entities displaced by the acquisition of 
said land or property, or any of the rights or interests therein 
hereinbefore mentioned; 

(iv) The development or redevelopment, including, 
but not limited to, the comprehensive renovation or 
rehabilitation of any land or property, or any rights or 
interests therein hereinbefore mentioned, in the City of 
Baltimore, and the disposition of land and property for such 
purposes ; 

(v) The elimination of unhealthful, unsanitary or 
unsafe conditions, lessening density, eliminating obsolete or 
other uses detrimental to the public welfare or otherwise 
removing or preventing the spread of blight or deterioration in 
the City of Baltimore; 

(vi) The demolition, removal, relocation, 
renovation or alteration of land, buildings, streets, highways, 
alleys, utilities or services, and other structures or 
improvements, and for the construction, reconstruction, 
installation, relocation or repair of buildings, streets, 
highways, alleys, utilities or services, and other structures or 
improvements ; 

(vii) The payment of any and all costs and 
I . expenses incurred for or in connection with doing any or all of 

^.'Z the things herein mentioned, including, but not limited to, the 

V.*.. costs and expenses of securing administrative, appraisal, 

economic analysis, engineering, planning, designing, 
Sk,, architectural, surveying and othfer professional services; and 



C: 






(viii) Doing any and all things necessary, proper 
or expedient in connection with or pertaining to any or all the 
matters or things hereinbefore mentioned. 



^— ' All of such land or property shall be acquired, developed, 

,^:>*' redeveloped, renovated, rehabilitated, altered, improved, held oi 

IJ^""*' disposed of, as provided by law. 



(c) The use of the proceeds of the sale of the bonds shall 
be limited to expenditures for capital improvement projects 
having an estimated service life of not less than fifteen (15) 



312 



Ord. No. 541 



years, and such proceeds shall not be used for current operating 
expenses of the City. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be 
issued under the provisions of this Ordinance shall be in 
accordance with the provisions of the Charter of the Mayor and 
City Council of Baltimore, and by the municipal agency designated 
in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 541 
(Council Bill No. 993) fT 

AN ORDINANCE concerning Ji 

BOND ISSUE - ECONOMIC DEVELOPMENT LOAN 






FOR the purpose of authorizing the Mayor and City Council of O 

Baltimore (pursuant to Resolution IV of 1990 approved by the (^. 

members of the General Assembly of Maryland representing — • 

Baltimore City) , to issue and sell its certificates of .*>-> 

indebtedness to an amount not exceeding Seven Million Five 

Hundred Thousand Dollars ($7,500,000.00), the proceeds ^. 

derived from the sale of the same to be used for the cost of '^ 

issuance, including the expense of engraving, printing, O 

advertising, attorneys' fees, and all other incidental c^, * 

expenses connected therewith, and the remainder of such r\ 

proceeds shall be used for or in connection with planning, 
developing, executing, and making operative the commercial 

and industrial Economic Development Program of the Mayor and lA.- 

City Council of Baltimore, including, but not limited to , 
the acquisition, by purchase, lease, condemnation or any 
other legal means, of land or property, or any right, 
interest, franchise, easement or privilege therein, in the 

City of Baltimore; the payment of any and all costs and [ ^^ 

expenses incurred in connection with or incidental to the " C? 

acquisition and management of said land or property, 
including any and all rights or interest therein 

hereinbefore mentioned; the payment of any and all costs and ^^ 

expenses incurred for or in connection with relocating and - r^ 

moving persons or other legal entities displaced by the 
acquisition of said land or property, or any of the rights 
or interests therein hereinbefore mentioned; the 

313 



'^-^ 



c 



Ord. No. 541 

development, or redevelopment, including, but not limited 
to, the comprehensive renovation or rehabilitation of any 
land or property, or any rights or interests therein 
hereinbefore mentioned, in the City of Baltimore, and the 
disposition of land and property for such purposes; the 
elimination of unhealthful, unsanitary or unsafe conditions, 
lessening density, eliminating obsolete or other uses 
detrimental to the public welfare or otherwise removing or 
preventing the spread of blight or deterioration in the City 
of Baltimore; the demolition, removal, relocation, 
renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or services, and other 
structures or improvements, and for the construction, 
reconstruction, installation, relocation or repair of 
buildings, streets, highways, alleys, utilities or services, 
and other structures or improvements; the planning, 
developing, executing and making operative the enterprise 
development program of the Mayor and City Council of 
Baltimore for purposes of making equity investments in, and 
loans and loan guarantees to, enterprises, including any 
individual, partnership, joint venture, carrying on business 
or proposing to carry on business within the City of 
C^ Baltimore, to be used for or in connection with the 

financing, developing, operating and administering of such 
enterprises; the payment of any and all costs and expenses 
incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the 
costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional services; 
,. . and doing any and all things necessary, proper or expedient 

g^>* in connection with or pertaining to any or all of the 

** matters or things hereinbefore mentioned; conferring and 

imposing upon the Board of Finance of Baltimore City certain 
powers and duties; authorizing the submission of this 
Q.]^ ordinance to the legal voters of the City of Baltimore, for 

their approval or disapproval, at the General Election to be 
s^^ held in Baltimore City on Tuesday, the 6th day of November 

r' " 1990 and providing for the expenditure of the proceeds of 

H'-' sale of said certificates of indebtedness in accordance with 

^Z" the provisions of the Charter of the Mayor and City Council 

of Baltimore, and by the municipal agency designated in the 
Annual Ordinance of Estimates of the Mayor and City Council 
k«i^.. of Baltimore. 

•»•*• WHEREAS, By Resolution IV of 1990 approved by the Members of 

2*' the General Assembly of Maryland representing Baltimore City, the 

•— Hr Mayor and City Council of Baltimore is authorized to create a 

•— -' debt and to issue and sell its certificates of indebtedness 

(hereinafter called "bonds") as evidence thereof, to an amount 
hot exceeding Seven Million Five Hundred Thousand Dollars 

314 



u 



Ord. No. 541 

($7,500,000.00) in the manner and upon the terms set forth in 
said Resolution, the proceeds thereof, not exceeding the par 
value of said certificates of indebtedness, to be used for or in 
connection with the commercial and industrial Economic 
Development Program of the City of Baltimore; and 

WHEREAS, Funds are now needed for said purposes; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and City Council of Baltimore, acting 
by and through the Board of Finance of said municipality, be and 
it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore to an amount not exceeding Seven 
Million Five Hundred Thousand Dollars ($7,500,000.00), from time 
to time, as the same may be needed or required for the purposes 
hereinafter named and said bonds shall be sold by said Board of 
Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said bonds 

shall be used for the purposes hereinafter named, provided that frs 

this Ordinance shall not become effective unless it shall be 1^' 

approved by a majority of the votes of the legal voters of \^ 

Baltimore City cast at the time and place hereinafter designated r>» 

by this Ordinance. ^T 

SEC. 2. AND BE IT FURTHER ORDAINED, That: D 

D 

(a) Said bonds shall be issued in denominations of not •-- 
less than One Thousand Dollars ($1,000.00) each, but may be in ^^ 
sums of One Thousand Dollars ($1,000.00), or any suitable 

multiple thereof. ^^- 

(b) Said bonds, or any part thereof, shall be issued in D^ 
accordance with a serial maturity plan so worked out as to ^_' 
discharge the entire principal amount represented thereby within ^ 
not more than forty (40) years from the date of their issuance; , ^""^^ 
provided, however, that it shall not be necessary to provide for 

the maturity of any part of the principal amount represented by t;.-- 

any of said bonds for the first five (5) years from the date of 
their issuance. 

(c) Said bonds, when issued, shall bear interest at 

such rate or rates as may be determined by a majority of the • -^^ 

Board of Finance by resolution at such time or times when any of J ^^ 

said bonds are issued, and such interest shall be payable semi- ^^ 
annually. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of the . K^ 

Board of Finance of the Mayor and City Council of Baltimore be, j ^^^ 

and they are hereby, authorized to pass a resolution or 

315 



Ord. No. 541 

resolutions, from time to time, to determine and set forth any or 
all of the following: 

(a) The amount of debt to be incurred by the Mayor and 
City Council of Baltimore at any particular time, and from time 
to time, under and pursuant to the provisions of this Ordinance; 
the date or dates when any bonds representing said debt, or any 
part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid 
date or dates; and the semi-annual dates in each year, during the 
entire period of time when any of said bonds are outstanding, 
when interest on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the 
provisions of this Ordinance at any particular time, including 
any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, 
for the issuance of fully registered bonds; the provisions, if 
any, for the registration as to principal of any coupon bonds; 
and the provisions, if any, for the conversion and reconversion 
into coupon bonds of any fully registered bonds or coupon bonds 

/"^^ registered as to principal; the place or places for the payment 

^^■w of principal and interest of said bonds; and the date of said 

^ ■• bonds issued at any particular time, and the right of redemption 

of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement 
of the readiness of the Board of Finance, acting for and on 
behalf of the Mayor and City Council of Baltimore, to receive 
bids for the purchase of the bonds authorized to be issued 

V.>' hereunder, or any part thereof; the form, terms and conditions of 

"■ such bids; the time, place and manner of awarding bonds so bid 

for, including the right whenever any of the bonds authorized by 
this Ordinance are offered for sale and sold at the same time as 

^ other bonds of said City, to establish the conditions for bids 

and awards and to award all of said bonds on an all or none 

^ basis; and the time, place, terms and manner of settlement for 

*-' the bonds so bid for. 

r" "' 

*^-' SEC. 4. AND BE IT FURTHER ORDAINED, That: 

\j .. 

Oil' (3) All premiums resulting from the sale of any of the 

^j ^ bonds issued and sold pursuant to the provisions of this 

*«-^^ Ordinance shall be applied first to defray the cost of issuance 

JT^^, thereof and the balance, if any, shall be applied to the payment 

^>' of interest on any of said bonds becoming due and payable during 

J3~* the fiscal year in which said bonds are issued and sold or during 

»—..» the next succeeding fiscal year. 



316 



^ 



Ord. No. 541 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable thereon 
(including any profit made in the sale thereof), shall be and 
remain exempt from any and all State, county and municipal 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due notice 
of such sale, but the Mayor and City Council of Baltimore, acting 
by and through the Board of Finance thereof, shall have the right 
to reject any or all bids therefor for any reason, and thereafter 
reoffered such bonds at public sale as aforesaid or at private 
sale, provided that if such bonds be offered at private sale they 
shall be offered for sale and sold for not less than par and 
accrued interest. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 

interest on and principal of any bonds issued pursuant to the ^/^ 

provisions of this Ordinance have been paid in full, the Mayor LX 

and City Council of Baltimore shall levy and impose an annual tax •— 

on each One Hundred Dollars ($100.00) of assessable property in ^X 

the City of Baltimore at a rate sufficient to produce revenue to ^^■' 
pay all interest on and principal of all bonds theretofore issued 
and outstanding or authorized to be issued and outstanding, 

payable in the next succeeding year. O 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance -— 
shall be submitted to the legal voters of the City of Baltimore, 

for their approval or disapproval, at the General Election to be v^ 

held in Baltimore City, on Tuesday, the 6th day of November, —^ 

1990. ^. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the date Q^ 

of the election hereinbefore mentioned, notice shall be given to 

the public of the amount of money which the Mayor and City , 

Council of Baltimore is authorized to borrow, and the general '«►'•*' 

purposes for which such borrowed funds may be expended, under the 
terms and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such public 
notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from p^ 

time to time, by a majority of the Board of Finance. w^ 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be ■ ^^ 

issued under the provisions of this Ordinance, not exceeding the • i^^ 

par value thereof, shall be used exclusively for the following ' ^^ 

purposes, to wit: 

317 



c 



Ord. No. 541 

(a) So much thereof as may be necessary, in addition to 
the premium realized from the sale, if any, for the cost of 
issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental expenses 
connected therewith; and 

(b) The remainder of such proceeds shall be used for 
or in connection with planning, developing, executing and making 
operative the commercial and industrial Economic Development 
Program of the Mayor and City Council of Baltimore, including, 
but not limited to: 

(i) The acquisition, by purchase, lease, 
condemnation, or any other legal means, of land or property, or 
any right, interest, franchise, easement or privilege therein, in 
the City of Baltimore; 

(ii) The payment of any and all costs and expenses 
incurred in connection with or incidental to the acquisition and 
management of said land or property, including any and all rights 
or interest therein hereinbefore mentioned; 

/[^•v (iii) The payment of any and all costs and 

J*"!J expenses incurred for or in connection with relocating and moving 

*■' persons or other legal entities displaced by the acquisition of 

said land or property, or any of the rights or interests therein 

hereinbefore mentioned; 

(iv) The development or redevelopment, including, 
but not limited to, the comprehensive renovation or 
rehabilitation of any land or property, or any rights or 
interests therein hereinbefore mentioned, in the City of 
Baltimore, and the disposition of land and property for such 
purposes ; 

C''"; (V) The elimination of unhealthful, unsanitary or 

unsafe conditions, lessening density, eliminating obsolete or 
other uses detrimental to the public welfare or otherwise 

r^»-- removing or preventing the spread of blight or deterioration in 

the City of Baltimore; 

C ,. (vi) The demolition, removal, relocation, 

OlZm renovation or alteration of land, buildings, streets, highways, 

[j J alleys, utilities or services, and other structures or 

"* improvements, and for the construction, reconstruction, 

installation, relocation or repair of buildings, streets, 
highways, alleys, utilities or services, and other structures or 
improvements ; 



^>- 






(vii) The planning, developing, executing and 
making operative the enterprise development program of the Mayor 



318 



Ord. No. 542 

and City Council of Baltimore for purposes of making equity 
investments in, and loans and loan guarantees to, enterprises, 
including any individual, partnership, joint venture, carrying on 
business or proposing to carry on business within the City of 
Baltimore, to be used for or in connection with the financing, 
developing, operating and administering of such enterprises. 

(viii) The payment of any and all costs and 
expenses incurred for or in connection with doing any or all of 
the things herein mentioned, including, but not limited to, the 
costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, 
architectural, surveying and other professional services; and 

(ix) Doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of the 
matters or things hereinbefore mentioned. 

All of such land or property shall be acquired, developed, 
redeveloped, renovated, rehabilitated, altered, improved, held or f^s 

disposed of, as provided by law. , ' 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 542 



<r 



SEC. 9. AND BE IT FURTHER ORDAINED, That the expenditure of q. 

the proceeds derived from the sale of the bonds authorized to be 
issued under the provisions of this Ordinance shall be in 
accordance with the provisions of the Charter of the Mayor and 
City Council of Baltimore, and by the municipal agency designated 
in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Approved June 20, 1990 



D 

a- 



(Council Bill No. 994) ^' 

AN ORDINANCE concerning ^"^ 

BOND ISSUE - HOUSING DEVELOPMENT LOAN -^ 

FOR purpooG of the purpose of authorizing the Mayor and City ^^ 

Council of Baltimore (pursuant to Resolution II of 1990 

approved by the members of the General Assembly of Maryland ^^ 

representing Baltimore City) , to issue and sell its r^ 

certificates of indebtedness to an amount not exceeding Four 
Million Dollars ($4,000,000.00), the proceeds derived from 
the sale of the same to be used for the cost of issuance, 

319 



^ 



Ord. No. 542 

including the expense of engraving, printing, advertising, 
attorneys' fees, and all other incidental expenses connected 
therewith, and the remainder of such proceeds shall be used 
to make or contract to make financial loans to any person or 
other legal entity to be used for or in connection with the 
purchase, acquisition, construction, erection, development, 
redevelopment, rehabilitation, renovation or improvement of 
buildings or structures, including any land necessary 
therefor, within the boundaries of Baltimore City, which 
buildings or structures are to be used or occupied for 
residential purposes; to guarantee or insure financial loans 
made by third parties to any person or other legal entity 
which are to be used for or in connection with the purchase, 
acquisition, construction, reconstruction, erection, 
development, redevelopment, rehabilitation, renovation or 
improvement of buildings or structures, including any land 
necessary therefor, within the boundaries of Baltimore City, 
which buildings or structures are to be used or occupied for 
residential purposes; and for doing any and all things 
necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things 
^^^^ hereinbefore mentioned; conferring and imposing upon the 

^ '' Board of Finance of Baltimore City certain powers and 

duties; authorizing the submission of this ordinance to the 
legal voters of the City of Baltimore, for their approval or 
disapproval, at the General Election to be held in Baltimore 

- City on Tuesday, the 6th day of November, 199 0; providing 

^^"' that the financial loans made, guaranteed or insured shall 

(*■ -^ be self-supporting, and providing for the expenditure of the 

proceeds of sale of said certificates of indebtedness in 
, . accordance with the provisions of the Charter of the Mayor 

^^' and City Council of Baltimore, and by the municipal agency 

designated in the Annual Ordinance of Estimates of the Mayor 
. and City Council of Baltimore. 

Cl^"' WHEREAS, By Resolution II of 1990 approved by the Members of 

the General Assembly of Maryland representing Baltimore City, the 

s»^^ ^ Mayor and City Council of Baltimore is authorized to create a 

r^*" debt and to issue and sell its certificates of indebtedness 

»•*""" (hereinafter called "bonds") as evidence thereof, to an amount 

T^IZv not exceeding Four Million Dollars ($4,000,000.00) in the manner 

V^ji and upon the terms set forth in said Resolution, the proceeds 

OH- from the sale of said bonds, not exceeding the par value of said 

U^J certificates of indebtedness, to be used for or in connection 

^:>» with making, guaranteeing, or insuring financial loans for 

••'••• purchasing, acquiring, constructing, erecting, developing, 

2jl redeveloping, rehabilitating, renovating or improving residential 

*" properties in Baltimore City, as authorized by said Resolution; 
and 



320 



zr^y 



I 



Ord. No. 542 



WHEREAS, Funds are now needed for said purposes; now now , 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and City Council of Baltimore, acting 
by and trough through the Board of Finance of said municipality, 
be and it is hereby authorized and empowered to issue bonds of 
the Mayor and City Council of Baltimore to an amount not 
exceeding Four Million Dollars ($4,000,000.00), from time to 
time, as the same may be needed or required for the purposes 
hereinafter named and said bonds shall be sold by said Board of 
Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from he the sale of said 
bonds shall be used for the purposes hereinafter named, provided 
that this Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore City cast at the time and place hereinafter designated 
by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: f^ 

(a) Said bonds shall be issued in denominations of not \^ 
less than One Thousand Dollars ($1,000.00) each, but may be in ^v 
sums of One Thousand Dollars ($1,000.00), or any suitable ^T 
multiple thereof. ^' 

c 

(b) Said bonds, or any part thereof, shall be issued in ^ 
accordance with a serial maturity plan so worked out as to ^■ 
discharge the entire principal amount represented thereby within .^^ 
not more than forty (40) years from the date of their issuance; 

provided, however, that it shall not be necessary to provide for ^^^ 

the maturity of any part of the principal amount represented by — -■* 

any of said bonds for the first five (5) years from the date of O 

their issuance. ^. * 

(c) Said bonds, when issued, shall bear interest at ^"^^ 
such rate or rates as may be determined by a majority of the 

Board of Finance by resolution at such time or times when any of \J>.^ 

said bonds are issued, and such interest shall be payable semi- ^ 

annually. |. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of the --^ 

Board of Finance of the Mayor and City Council of Baltimore be, ^^^ 

and they are hereby, authorized to pass a resolution or ^^ 

resolutions, from time to time, to determine and set forth any or /^ 
all of the following: 

(a) The amount of debt to be incurred by the Mayor and Y^ 

City Council of Baltimore at any particular time, and from time ^L. 

to time, under and pursuant to the provisions of this Ordinance; 

321 



Ord. No. 542 

the date or dates when any bonds representing said debt, or any 
part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid 
date or dates; and the semi-annual dates in each year, during th< 
entire period of time when any of said bonds are outstanding, 
when interest on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the 
provisions of this Ordinance at any particular time, including 
any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of couponbonds coupon bonds ; the 
provisions, if any, for the issuance of fully registered bonds; 
the provisions, if any, for the registration as to principal of 
any coupon bonds; and the provisions, if any, for the conversion 
and reconversion into coupon bonds of any fully registered bonds 
or coupon bonds registered as to principal; the place or places 
for the payment of principal and interest of said bonds; and the 
date of said bonds issued at any particular time, and the right 
of redemption of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement 
r— V of the readiness of the Board of Finance, acting for &rt €md and 

t " on behalf of the Mayor and City Council of Baltimore, to receive 

bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of 
such bids; the time, place and manner of awarding bonds so bid 
for, including the right whenever any of the bonds authorized by 
this Ordinance are offered for sale and sold at the same time as 
other bonds of said City, to establish the conditions for bids 
and awards and to award all of said bonds on an all or none 
basis; and the time, place, terms and manner of settlement for 
the bonds so bid for. 

L;.^. SEC. 4. AND BE IT FURTHER ORDAINED, That: 

^••' (a) All premiums resulting from the sale of any of the 

bonds issued and sold pursuant to the provisions of this 

J>..- Ordinance shall be applied first to defray the cost of issuance 

y. ... thereof and the balance, if any, shall be applied to the payment 

— • ,. of interest on any of said bonds becoming due and payable during 

O **.) the fiscal year in which said bonds are issued and sold or during 

{^•'^ the next succeeding fiscal year. 

*^- (b) The debt authorized by the provisions of this 

j^^" Ordinance, and the bonds issued and sold pursuant thereto and 

•— JI their transfer, and the principal and interest payable thereon 

■^— (including any profit made in the sale thereof), shall be and 

,.]^3' remain exempt from any and all State, county and municipal 

taxation in the State of Maryland. 

322 



Ord. No. 542 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due notice 
of such sale, but the Mayor and City Council of Baltimore, acting 
by and through the Board of Finance thereof, shall have the right 
to reject any or all bids therefor for any reason, and thereafter 
reoffer such bonds at public sale as aforesaid or at private 
sale, provided that if such bonds be offered at private sale they 
shall be offered for sale and sold for not less than par and 
accrued interest. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest on the principal of any bonds issued pursuant to the 
provisions of this Ordinance have been paid in fully full . the 
Mayor and City Council of Baltimore shall levy and impose an 
annual tax on each One Hundred Dollars ($100.00) of assessable 
property in the City of Baltimore at a rate sufficient to produce 
revenue to pay all interest on and principal of all bonds 
theretofore issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. f/\ 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance "i 

shall be submitted to the legal voters of the City of Baltimore, /-%. 

for their approval or disapproval, at the General Election to be 
held in Baltimore City, on Tuesday, the 6th day of November, 
1990. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the date 
of the City Council of Baltimore is authorized to borrow, and the 
general purposes for which such borrowed funds may be expended, 
under the terms and provisions of this Ordinance, and the time 
when the election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such means or O . 

through such media and at such time or times as may be <^. * 

determined, from time to time, by a majority of the Board of ^^\ 

Finance. ^^ 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash \J^ 

proceeds derived from the sale of the bonds authorized to be (*[ 

issued under the provisions of this Ordinance, not exceeding the ^^^ 

par value thereof, shall be used exclusively for the following ""^ 

purposes, to wit: "^"^ 

(a) So much thereof as may be necessary, in addition to C^ 
the premium realized from the sale, if any, for the cost of ^^ 
issuance, including the expense of engraving, printing, 

advertising, attorneys' fees, and all other incidental expenses ^^ 

connected therewith; and T^ 

(b) The remainder of such proceeds shall be used to 
make or contract to make financial loans to any person or other 

323 



Ord. No. 54 3 

legal entity to be used for or in connection with the purchase, 
acquisition, construction, erection, development, redevelopment, 
rehabilitation, renovation or improvement of buildings or 
structures, including any land necessary therefor, within the 
boundaries of Baltimore City, which buildings or structures are 
to be used or occupied for residential purposes; to guarantee or 
insure financial loans made by third parties to any person or 
other legal entity which are to be used for or in connection with 
the purchase, acquisition, construction, erection, development, 
redevelopment, rehabilitation, renovation or improvement of 
buildings or structures, including any land necessary therefor, 
within the boundaries of Baltimore City, which buildings or 
structures are to be used or occupied for residential purposes; 
and for doing any and all things necessary, proper or expedient 
in connection with or pertaining to any or all of the matters or 
things hereinbefore mentioned; 

SEC. 9. AND BE IT FURTHER ORDAINED, That no part of the 
proceeds of sale of the bonds hereby authorized to be issued 
shall be expended unit after the Board of Finance has determined, 
based upon such data as said Board of Finance shall require to be 
submitted to it to enable it to make such determination, that any 

C^J financial loans made, guaranteed or insured from such proceeds, 

■JT** shall, in fact, be self-supporting. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be 
issued under the provisions of this Ordinance shall be in 
accordance with the provisions of the Charter of the Mayor and 
City Council of Baltimore, and by the municipal agency designated 
in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Approved June 20, 1990 



e. 



2f: 



KURT L. SCHMOKE, Mayor 



v. CITY OF BALTIMORE 



LlU AN ORDINANCE concerning 



ORDINANCE NO. 54 3 
(Council Bill No. 995) 



BOND ISSUE - INDUSTRIAL AND COMMERCIAL FINANCING LOAN 

FOR purpose of the purpose of authorizing the Mayor and City 
Council of Baltimore (pursuant to Resolution VI of 1990 
approved by the members of the General Assembly of Maryland 



324 



Ord. No. 543 

representing Baltimore City) , to issue and sell its 

certificates of indebtedness to an amount not exceeding Four 

Million Dollars ($4,000,000.00), the proceeds derived from 

the sale of the same to be used for the cost of issuance, 

including the expense of engraving, printing, advertising, 

attorneys' fees, and all other incidental expenses connected 

therewith, and the remainder of such proceeds shall be used 

to make or contract to make financial loans to any person or 

other legal entity to be used for or in connection with the 

purchase, acquisition, construction, reconstruction, 

erection, development, redevelopment, rehabilitation, 

renovation, modernization or improvement of buildings or 

structures, including any land necessary therefor, within 

the boundaries of Baltimore City, which buildings or 

structures are to be used or occupied for industrial 

purposes; to guarantee or insure financial loans made by 

third parties to any person or other legal entity which are 

to be used for or in connection with the purchase, 

acquisition, construction, reconstruction, erection, 

development, redevelopment, rehabilitation, renovation, CjD 

modernization or improvement of buildings or structures, Ll. 

including any land necessary therefor, within the boundaries •..- 

of Baltimore City, which buildings or structures are to be C^ 

used or- occupied for industrial purposes; to make or 

contract to make financial loans to any person or other 

legal entity to be used for or in connection with the 

purchase or acquisition of leasehold or fee simple interests 

in buildings or structures, and for construction, 

reconstruction, erection, development, rehabilitation, 

renovation, redevelopment or improvement of buildings or 

structures, located within the boundaries of Baltimore City, 

which buildings or structures are to be used or occupied for 

commercial purposes; to guarantee or insure financial loans 

made by third parties to any person or other legal entity to ^^. 

be used for or in connection with the purchase or ^^ 

acquisition of leasehold or fee simple interests in 

buildings or structures, and for construction, , 

reconstruction, erection, development, rehabilitation, L-^ 

renovation, redevelopment, or improvement of buildings or Cj^ 

structures, located within the boundaries of Baltimore City, ^^ 

which buildings or structures are to be used or occupied for ^^^ 

commercial purposes; and for doing any and all things ^ 

necessary, proper or expedient in connection with or 

pertaining to any or all of the matters or things 

hereinbefore mentioned; conferring and imposing upon the C.^ 

Board of Finance of Baltimore City certain powers and 

duties; authorizing the submission of this ordinance to the 

legal voters of the City of Baltimore, for their approval or 

disapproval, at the General Election to be held in Baltimore 

City on Tuesday, the 6th day of November, 1990; providing 

that the financial loans made, guaranteed or insured shall 

325 



D 



CS 



S 






tC 

n:)' 



Ord. No. 54 3 



be self-supporting, and providing for the expenditure of the 
proceeds of sale of said certificates of indebtedness in 
accordance with the provisions of the Charter of the Mayor 
and City Council of Baltimore, and by the municipal agency 
designated in the Annual Ordinance of Estimates of the Mayor 
and City Council of Baltimore. 

V7HEREAS, By Resolution VI of 1990 approved by the 
Members of the General Assembly of Maryland representing 
Baltimore City, the Mayor and City Council of Baltimore is 
authorized to create a debt and to issue and sell its 
certificates of indebtedness (hereinafter called "bonds") as 
evidence thereof, to an amount not exceeding Four Million Dollars 
($4,000,000.00) in the manner and upon the terms set forth in 
said Resolution, the proceeds derived from the sale of said 
bonds, not exceeding the par value of said certificates of 
indebtedness, to be used for or in connection with making, 
guaranteeing, or insuring financial loans for purchasing, 
acquiring, constructing, reconstructing, erecting, developing, 
redeveloping, rehabilitating, renovating, modernizing or 
improving industrial and commercial properties in Baltimore City, 
as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; now, 
therefore. 



. . SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

BALTIMORE, That the Mayor and City Council of Baltimore, acting 
' by and trough through the Board of Finance of said municipality, 

be and it is hereby authorized and empowered to issue bonds of 
the Mayor and City Council of Baltimore to an amount not 
exceeding Four Million Dollars ($4,000,000.00), from time to 
time, as the same may be needed or required for the purposes 
hereinafter named and said bonds shall be sold by said Board of 
Finance from time to time and at such times as shall be 

(^ requisite, and the proceeds derived from he the sale of said 

bonds shall be used for the purposes hereinafter named, provided 
*• that this Ordinance shall not become effective unless it shall be 

J^— approved by a majority of the votes of the legal voters of 

f*— Baltimore City cast at the time and place hereinafter designated 

^'*' by this Ordinance. 

DC'' SEC. 2. AND BE IT FURTHER ORDAINED, That: 



(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may be in 
»• sums of One Thousand Dollars ($1,000.00), or any suitable 

multiple thereof. 



326 



Ord. No. 543 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to 
discharge the entire principal amount represented thereby within 
not more than forty (40) years from the date of their issuance; 
provided, however, that it shall not be necessary to provide for 
the maturity of any part of the principal amount represented by 
any of said bonds for the first five (5) years from the date of 
their issuance. 

(c) Said bonds, when issued, shall bear interest at 
such rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when any of 
said bonds are issued, and such interest shall be payable semi- 
annually. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of the 
Board of Finance of the Mayor and City Council of Baltimore be, 
and they are hereby, authorized to pass a resolution or 
resolutions, from time to time, to determine and set forth any or 
all of the following; ^y\ 

(a) The amount of debt to be incurred by the Mayor and ,.,«. 
City Council of Baltimore at any particular time, and from time r^ 
to time, under and pursuant to the provisions of this Ordinance; 

the date or dates when any bonds representing said debt, or any 

part thereof, are to mature, and the amount or amounts of said 

debt, or any part thereof, which shall mature upon the aforesaid ;,. 

date or dates; and the semi-annual dates in each year, during the -■ 

entire period of time when any of said bonds are outstanding, — > 

when interest on any of said bonds shall be payable. 

!^ 

(b) The form or forms of the bonds representing the "T 

debt, or any part thereof, authorized to be issued under the C> 

provisions of this Ordinance at any particular time, including «^. ' 

any interest coupons to be attached thereto; the provisions, if ^^^ 
any, for the issuance of couponbonds coupon bonds ; the 
provisions, if any, for the issuance of fully registered bonds; 

the provisions, if any, for the registration as to principal of L-X-^ 

any coupon bonds; and the provisions, if any, for the conversion C\ l 

and reconversion into coupon bonds of any fully registered bonds |i^ 
or coupon bonds registered as to principal; the place or places 

for the payment of principal and interest of said bonds; and the ""'^ 

date of said bonds issued at any particular time, and the right ^J^ 

of redemption of said bonds by the City prior to maturity; and C^ 

(c) The time, place, manner and medium of advertisement 

of the readiness of the Board of Finance, acting for and on , , 

behalf of the Mayor and City Council of Baltimore, to receive T^i 

bids for the purchase of the bonds authorized to be issued ^^ 
hereunder, or any part thereof; the form, terms and conditions of 



327 



Ord. No. 543 

such bids; the time, place and manner of awarding bonds so bid 

for, including the right whenever any of the bonds authorized by 

this Ordinance are offered for sale and sold at the same time as 

other bonds of said City, to establish the conditions for bids 

and awards and to award all of said bonds on an all or none 

basis; and the time, place, terms and manner of settlement for 
the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
Ordinance shall be applied first to defray the cost of issuance 
thereof and the balance, if any, shall be applied to the payment 
of interest on any of said bonds becoming due and payable during 
the fiscal year in which said bonds are issued and sold or during 
the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant thereto and 
their transfer, and the principal and interest payable thereon 
(including any profit made in the sale thereof), shall be and 
remain exempt from any and all State, county and municipal 

C-^j taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due notice 

^"- of such sale, but the Mayor and City Council of Baltimore, acting 

C' ' by and through the Board of Finance thereof, shall have the right 

to reject any and all bids therefor for any reason, and 
thereafter reoffer such bonds at public sale as aforesaid or at 
private sale, provided that if such bonds be offered at private 
sale, provid e d that if s uch bonds b e offered at private sale they 
shall be offered for sale and sold for not less than par and 
accrued interest. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest on the principal of any bonds issued pursuant to the 
r provisions of this Ordinance have been paid in fully full , the 

\^'l^^ Mayor and City Council of Baltimore shall levy and impose an 

tj^\ annual tax on each One Hundred Dollars ($100.00) of assessable 

^ji- property in the City of Baltimore at a rate sufficient to produce 

p^— revenue to pay all interest on and principal of all bonds 

Ll^J theretofore issued and outstanding or authorized to be issued and 

^i» outstanding, payable in the next succeeding year. 

2?! SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 

•— ^^, shall be submitted to the legal voters of the City of Baltimore, 

***" for their approval or disapproval, at the General Election to be 

328 



^ 



Ord. No. 54 3 



held in Baltimore City, on Tuesday, the 6th day of November, 
1990. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the date 
of the election hereinbefore mentioned, notice shall be given to 
the public of the amount of money which the Mayor and City 
Council of Baltimore is authorized to borrow, and the general 
purposes for which such borrowed funds may be expended, under the 
terms and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such public 
notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be 
issued under the provisions of this Ordinance, not exceeding the 
par value thereof, shall be used exclusively for the following 
purposes, to wit: 



c/: 



(a) So much thereof as may be necessary, in addition to 
the premium realized from the sale, if any, for the cost of ^^Z- 

issuance, including the expense of engraving, printing, /^ 

advertising, attorneys' fees, and all other incidental expenses 
connected therewith; and 



«!. 



■-■■^ 



(b) The remainder of such proceeds shall be used to 
make or contract to make financial loans to any person or other 
legal entity to be used for or in connection with the purchase, 
acquisition, construction, reconstruction, erection, development, 
redevelopment, rehabilitation, renovation, modernization or 
improvement of buildings or structures, including any land 
necessary therefor, within the boundaries of Baltimore City, O ^ 

which buildings or structures are to be used or occupied for ^,' 

industrial purposes; to guarantee or insure financial loans made £^ 

by third parties to any person or other legal entity which are to 
be used for or in connection with the purchase, acquisition, 

construction, reconstruction, erection, development, '».'.-' 

redevelopment, rehabilitation, renovation, modernization or :' ' 

improvement of buildings or structures, including any land ' "^ 

necessary therefor, within the boundaries of Baltimore City, '"^"^ 

which buildings or structures are to be used or occupied for '"^'' 

industrial purposes; to make or contract to make financial loans ^T* 

to any person or other legal entity to be used for or in C^ 

connection with the purchase or acquisition of leasehold or fee ^^ 

simple interests in buildings or structures, and for 

construction, reconstruction, erection, development, ^^ 

rehabilitation, renovation, redevelopment or improvement of T"^ 

buildings or structures, located within the boundaries of *sdL 

Baltimore City, which buildings or structures are to be used or 

329 



Ord. No. 544 

occupied for commercial purposes; to guarantee or insure 
financial loans made by third parties to any person or other 
legal entity to be used for or in connection with the purchase or 
acquisition of leasehold or fee simple interests in buildings or 
structures, and for construction, reconstruction, erection, 
development, rehabilitation, renovation, redevelopment, or 
improvement of buildings or structures, located within the 
boundaries of Baltimore City, which buildings or structures are 
to be used or occupied for commercial purposes; and for doing any 
and all things necessary, proper or expedient in connection with 
or pertaining to any or all of the matters or things hereinbefore 
mentioned; 

SEC. 9. AND BE IT FURTHER ORDAINED, That no part of the 
proceeds of sale of the bonds hereby authorized to be issued 
shall be expended until after the Board of Finance has 
determined, based upon such data as said Board of Finance shall 
require to be submitted to it to enable it to make such 
determination, that any financial loans made, guaranteed or 
insured from such proceeds, shall, in fact, be self-supporting. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be 
issued under the provisions of this Ordinance shall be in 
^'.- accordance with the provisions of the Charter of the Mayor and 

City Council of Baltimore, and by the municipal agency designated 
in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



O 



P- 



CITY OF BALTIMORE 
ORDINANCE NO. 544 
(Council Bill No. 996) 
AN ORDINANCE concerning 



C/".) BOND ISSUE - RECREATION AND PARKS LOAN 

^j**] FOR the purpose of authorizing the Mayor and City Council of 

v,^ Baltimore (pursuant to Resolution VII of 1990 approved by 

Z'.^^ ^^® members of the General Assembly of Maryland representing 

•-a* Baltimore City) , to issue and sell its certificates of 

j£— indebtedness to an amount not exceeding Two Million Seven 

^^Zy Hundred Fifty Thousand Dollars ($2,750,000.00), the proceeds 
derived from the s^le of the same to be used for the cost of 

330 



Ord. No. 544 

issuance, including the expense of engraving, printing, 

advertising, attorneys' fees, and all other incidental 

expenses connected therewith, and the remainder of such 

proceeds shall be used for the acquisition, construction, 

reconstruction, installation, erection, protection, 

extension, enlargement, renovation or modernization of, and 

additions to, public park or recreational land, property, 

buildings, structures or facilities; and for the acquisition 

and installation of equipment for any and all property and 

facilities authorized to be constructed, erected, altered or 

renovated under the provisions hereof, and for doing any and 

all things necessary, proper or expedient in connection with 

or pertaining to any or all of the matters or things 

hereinbefore mentioned; provided, however, that no part of 

such proceeds shall be used to pay costs not directly 

related to and required for the acquisition, construction, 

reconstruction or completion or a specific physical 

improvement and the initial equipping thereof; limiting the 

use of the proceeds of the sale of the bonds to expenditures 

for capital improvement projects having an estimated service fr\ 

life of not less than fifteen (15) years, and providing that j,' 

such proceeds shall not be used for current operating \^ 

expenses of the City or other Legal Entity; to confer and /^ 

impose upon the Board of Finance of Baltimore City certain 

powers and duties; to authorize the submission of this 

Ordinance to the Legal voters of the City of Baltimore, for .k. 

their approval or disapproval, at the General Election to be ^ • 

held in Baltimore City on Tuesday, the 6th day of November, 

1990 and providing for the expenditure of the proceeds of 

sale of said certificates of indebtedness in accordance with 

the provisions of the Charter of the Mayor and City Council 

of Baltimore, and by the municipal agency designated in the — ^ 

annual Ordinance of Estimates of the Mayor and City Council O , 

of Baltimore. ^/ 

WHEREAS, By Resolution VII of 1990 approved by the Members ^^^ 

of the General Assembly of Maryland representing Baltimore City, 
the Mayor and City Council of Baltimore is authorized to create a • ,^ . 
debt and to issue and sell its certificates of indebtedness 
(hereinafter called "bonds") as evidence thereof, to an amount 
not exceeding Two Million Seven Hundred Fifty Thousand Dollars 
($2,750,000.00) in the manner and upon the terms set forth in •"'^ 

said Resolution, the net cash proceeds derived from the sale of -^^ 

said bonds, not exceeding the par value of said bonds, to be used ^^ 

for recreational and park purposes as authorized by said ^^ 

Resolution; and 

WHEREAS, Funds are now needed for said purposes; now, p^^ 

therefore, *^ 



331 






[■- 



L 



Ord. No. 544 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and City Council of Baltimore, acting 
by and through the Board of Finance of said municipality, be and 
it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore to an amount not exceeding 
One Million Five Hundred Thouaand Dollaro — (01, 500, 000.00) Two 
Million Seven Hundred Fifty Thousand Dollars ($2.750.000.00) . 
from time to time, as the same may be needed or required for the 
purposes hereinafter named and said bonds shall be sold by said 
Board of Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said bonds 
shall be used for the purposes hereinafter named, provided that 
this Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore City cast at the time and place hereinafter designated 
by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may be in 
sums of One Thousand Dollars ($1,000.00), or any suitable 
multiple thereof. 

(b) Said bonds, or any part thereof, shall be issued in 
accordance with a serial maturity plan so worked out as to 
discharge the entire principal amount represented thereby within 
not more than forty (40) years from the date of their issuances- 
provided, however, that it shall not be necessary to provide for 
the maturity of any part of the principal amount represented by 
any of said bonds for the first five (5) years from the date of 
their issuance. 

(c) Said bonds, when issued, shall bear interest at 
such rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when any of 
said bonds are issued, and such interest shall be payable semi- 
annually. 



SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of the 
f^»-N Board of Finance of the Mayor and City Council of Baltimore be, 

*^jj- and they are hereby, authorized to pass a resolution or 

■^•^ resolutions, from time to time, to determine and set forth any or 

*^-J all of the following: 



^*» (a) The amount of debt to be incurred by the Mayor and 

tC^ City Council of Baltimore at any particular time, and from time 

•—*->, to time, under and pursuant to the provisions of this Ordinance; 

*~ the date or dates when any bonds representing said debt, or any 

part thereof, are to mature, and the amount or amounts of said 
debt, or any part thereof, which shall mature upon the aforesaid 

332 



Ord. No. 544 

date or dates; and the semi-annual dates in each year, during the 
entire period of time when any of said bonds are outstanding, 
when interest on any of said bonds shall be payable. 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the 
provisions of this Ordinance at any particular time, including . 
any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, 
for the issuance of fully registered bonds; the provisions, if 
any, for the registration as to principal of any coupon bonds; 
and the provisions, if any, for the conversion and reconversion 
into coupon bonds of any fully registered bonds or coupon bonds 
registered as to principal; the place or places for the payment 
of principal and interest of said bonds; and the date of said 
bonds issued at any particular time, and the right of redemption 
of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement 
of the readiness of the Board of Finance, acting for and on 
behalf of the Mayor and City Council of Baltimore, to receive 
bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of 
such bids; the time, place and manner of awarding bonds so bid 
for, including the right whenever any of the bonds authorized by 
this Ordinance are offered for sale and sold at the same time as 
other bonds of said City, to establish the conditions for bids 
and awards and to award all of said bonds on an all or none 
basis; and the time, place, terms and manner of settlement for 
the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the ' 
bonds issued and sold pursuant to the provisions of this 
Ordinance shall be applied first to defray the cost of issuance 
thereof and the balance, if any, shall be applied to the payment 

of interest on any of said bonds becoming due and payable during jl^j..] 

the fiscal year in which said bonds are issued and sold or during 
the next succeeding fiscal year. 

(b) The debt authorized by the provisions of this 

Ordinance, and the bonds issued and sold pursuant thereto and .„.*-> 

their transfer, and the principal and interest payable thereon ^^ 

(including any profit made in the sale thereof) , shall be and ^^ 

remain exempt from any and all State, county and municipal ^"^ 
taxation in the State of Maryland. 

(c) All bonds issued and sold pursuant to the .^-^ 
provisions of this Ordinance shall be sold at public sale to the 

highest responsible bidder or bidders therefor after due notice 

333 



CO 



Ord. No. 544 



of such sale, but the Mayor and City Council of Baltimore, acting 
by and through the Board of Finance thereof, shall have the right 
to reject any or all bids therefor for any reason, and thereafter 
r e of f e r e d reof f er such bonds at public sale as aforesaid or at 
private sale provided that if such bonds be offered at private 
sale they shall be offered for sale and sold for not less than 
par and accrued interest. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest on and principal of any bonds issued pursuant to the 
provisions of this Ordinance have been paid in full, the Mayor 
and City Council of Baltimore shall levy and impose an annual tax 
on each One Hundred Dollars ($100.00) of assessable property in 
the City of Baltimore at a rate sufficient to produce revenue to 
pay all interest on and principal of all bonds theretofore issued 
and outstanding or authorized to be issued and outstanding, 
payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall be submitted to the legal voters of the City of Baltimore, 
for their approval or disapproval, at the General Election to be 
held in Baltimore City, on Tuesday, the 6th day of November, 
1990. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the date 
of the election hereinbefore mentioned, notice shall be given to 
the public of the amount of money which the Mayor and City 
Council of Baltimore is authorized to borrow, and the general 
purposes for which such borrowed funds may be expended, under the 
terms and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such public 
notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be 
issued Qnder the provisions of this Ordinance, not exceeding the 
par value thereof, shall be used exclusively for the following 
purposes, to wit: 



Iz 

C/*5 (^) ^° much thereof as may be necessary, in addition to 

Q«^' the premium realized from the sale, if any, for the cost of 

1*^ issuance, including the expense of engraving, printing, 

t~ advertising, attorneys' fees, and all other incidental expenses 

•^^ connected therewith; and 

^-^ (b) The remainder of such proceeds shall be used for 

^^12' ^^® acquisition, construction, reconstruction, installation, 

erection, protection, extension, enlargement, renovation or 
modernization of, and additions to, public park or recreational 

334 



L 



Ord. No. 545 

land, property, buildings, structures or facilities; and for the 
acquisition and installation of equipment for any and all 
property and facilities authorized to be constructed, erected, 
altered or renovated under the provisions hereof, and for doing 
any and all things necessary, proper or expedient in connection 
with or pertaining to any or all of the matters or things 
hereinbefore mentioned; provided, however, that no part of such 
proceeds shall be used to pay costs. not directly related to and 
required for the acquisition, construction, reconstruction, or 
completion of a specific physical improvement and the initial 
equipping thereof-^^ 

(c) The use of the proceeds of the sale of the bonds 
shall be limited to expenditures for capital improvement projects 
having an estimated service life of not less than fifteen (15) 
years, and such proceeds shall not be used for current operating 
expenses of the City or other legal entity. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the expenditure of 

the proceeds derived from the sale of the bonds authorized to be C/^ 

issued under the provisions of this Ordinance shall be in 3 |_ 

accordance with the provisions of the Charter of the Mayor and „^ 

City Council of Baltimore, and by the municipal agency designated £"'<^ 
in the annual Ordinance of Estimates of the Mayor and City ". 

Council of Baltimore. *;;. 

.L. 

Approved June 29, 1990 [ ' 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 54 5 

(Council Bill No. 997) 

AN ORDINANCE concerning 

BOND ISSUE - SCHOOL LOAN 

FOR ^€ the purpose of authorizing the Mayor and City Council of 
Baltimore (pursuant to Resolution VIII of 1990 approved by 

the members of the General Assembly of Maryland representing ••^^ 

Baltimore City) , to issue and sell its certificates of C^ 

indebtedness to an amount not exceeding Four Million Dollars ^^ 

($4,000,000.00), the proceeds derived from the sale of the 

same to be used for the cost of issuance, including the ^^ 

expense of engraving, printing, advertising, attorneys' *^ 

fees, and all other incidental expenses connected therewith, 
and the remainder of such proceeds shall be used for the 

335 



^ 



Ord. No. 54 5 

acquisition, by purchase, lease, condemnation or any other 
legal means, of land or property, or any rights therein, in 
the City of Baltimore, and constructing and erecting on said 
land or property, or on any land or property now or 
hereafter owned by the Mayor and City Council of Baltimore, 
new school buildings, athletic and other auxiliary 
facilities, and for additions and improvements to, or the 
modernization or reconstruction of, including the removal 
and encapsulation of asbestos from, existing school 
buildings or facilities, and for equipment for any and all 
new or existing facilities, authorized to be constructed, 
erected, added to, improved, modernized, or reconstructed by 
the provisions hereof, and for architectural or engineering 
services or surveys, and any other activities relating to 
planning for the purposes above mentioned or relating to 
planning for future projects of the same general character 
which may be constructed out of future loans; limiting the 
use of the proceeds of the sale of the bonds to expenditures 
for capital improvement projects having an estimated service 
life of not less than fifteen (15) years, and providing that 
such proceeds shall not be used for current operating 
expenses of the City; conferring certain powers upon the 

f^'^ ' Board of School Commissioners of Baltimore City and imposing 

certain conditions in connection with the expenditure of the 
proceeds derived from the sale of said certificates of 
indebtedness; conferring and imposing upon the Board of 

^. . Finance of Baltimore City certain powers and duties; 

N... authorizing the submission of this Ordinance to the legal 

r. • voters of the City of Baltimore, for their approval or 

disapproval, at the General Election to be held in Baltimore 
City on Tuesday, the 6th day of November, 1990; and 
providing for the expenditure of the proceeds of sale of 
said certificates of indebtedness in accordance with the 
provisions of the Charter of the Mayor and City Council of 
Baltimore, and by the municipal agency designated in the 
^ annual Ordinance of Estimates of the Mayor and City Council 

of Baltimore. 

P*"' WHEREAS, By Resolution VIII of 1990 approved by the members 

K"^ of the General Assembly of Maryland representing Baltimore City, 

*7"Z. ^^® Mayor and City Council of Baltimore is authorized to create a 

^^ debt and to issue and sell its certificates of indebtedness 

Oiir (hereinafter called "bonds") as evidence thereof, to an amount 

not exceeding Four Million Dollars ($4,000,000.00) in the manner 
and upon the terms set forth in said Resolution, the net cash 
proceeds derived from the sale of said bonds, not exceeding the 
par value of said bonds, to be used for educational structures 
and other auxiliary facilities and for acquiring property for 
such purposes, all as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; therefore 

336 






L 



Ord. No. 54 5 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Mayor and City Council of Baltimore, acting 
by and through the Board of Finance of said municipality, be and 
it is hereby authorized and empowered to issue bonds of the Mayor 
and City Council of Baltimore to an amount not exceeding Four 
Million Dollars ($4,000,000.00), from time to time, as the same 
may be needed or required for the purposes hereinafter named and 
said bonds shall be sold by said Board of Finance from time to 
time and at such times as shall be requisite, and the proceeds 
derived from the sale of said bonds shall be used for the 
purposes hereinafter named, provided that this Ordinance shall 
not become effective unless it shall be approved by a majority of 
the votes of the legal voters of Baltimore City cast at the time 
and place hereinafter designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) Said bonds shall be issued in denominations of not 
less than One Thousand Dollars ($1,000.00) each, but may be in 

sums of One Thousand Dollars ($1,000.00), or any suitable ^/^ 

multiple thereof. «,' 

(b) Said bonds, or any part thereof, shall be issued in {*^. 
accordance with a serial maturity plan so worked out as to 

discharge the entire principal amount represented thereby within 

not more than forty (4 0) years from the date of their issuance; 

provided, however, that it shall not be necessary to provide for ; 

the maturity of any part of the principal amount represented by 

any of said bonds for the first five (5) years from the date of 

their issuance. 

(c) Said bonds, when issued, shall bear interest at 
such rate or rates as may be determined by a majority of the 
Board of Finance by resolution at such time or times when any of 
said bonds are issued, and such interest shall be payable semi- 
annually. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a majority of the 1 --' 

Board of Finance of the Mayor and City Council of Baltimore be, 
and they are hereby, authorized to pass a resolution or 

resolutions, from time to time, to determine and set forth any or ""*"' 

all of the following: ""'^ 

(a) The amount of debt to be incurred by the Mayor and C^ 

City Council of Baltimore at any particular time, and from time ^^ 

to time, under and pursuant to the provisions of this Ordinance; 

the date or dates when any bonds representing said debt, or any , ^^ 

part thereof, are. to mature, and the amount or amounts of said T^ 

debt, or any part thereof, which shall mature upon the aforesaid 
date or dates; and the semi-annual dates in each year, during the 

337 



l^ 



p'..: 



c-j 



<.z. 



Ord. No. 54 5 



entire period of time when any of said bonds are outstanding, 
when interest on any of said bonds shall be payable; 

(b) The form or forms of the bonds representing the 
debt, or any part thereof, authorized to be issued under the 
provisions of this Ordinance at any particular time, including 
any interest coupons to be attached thereto; the provisions, if 
any, for the issuance of coupon bonds; the provisions, if any, 
for the issuance of fully registered bonds; the provisions, if 
any, for the registration as to principal of any coupon bonds; 
and the provisions, if any, for the conversion and reconversion 
into coupon bonds of any fully registered bonds or coupon bonds 
registered as to principal; the place or places for the payment 
of principal and interest of said bonds; and the date of said 
bonds issued at any particular time, and the right of redemption 
of said bonds by the City prior to maturity; and 

(c) The time, place, manner and medium of advertisement 
of the readiness of the Board of Finance, acting for and on 
behalf of the Mayor and City Council of Baltimore, to receive 
bids for the purchase of the bonds authorized to be issued 
hereunder, or any part thereof; the form, terms and conditions of 
such bids; the time, place and manner of awarding bonds so bid 
for, including the right whenever any of the bonds authorized by 
this Ordinance are offered for sale and sold at the same time as 
other bonds of said City, to establish the conditions for bids 
and awards and to award all of said bonds on an all or none 
basis; and the time, place, terms and manner of settlement for 
the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any of the 
bonds issued and sold pursuant to the provisions of this 
Ordinance shall be applied first to defray the cost of issuance 
thereof and the balance, if any, shall be applied to the payment 
of interest on any of said bonds becoming due and payable during 
the fiscal year in which said bonds are issued and sold or during 
the next succeeding fiscal year. 



(b) The debt authorized by the provisions of this 
^ Ordinance, and the bonds issued and sold pursuant thereto and 

DilT their transfer, and the principal and interest payable thereon 

tjj (including any profit made in the sale thereof), shall be and 

*^^ remain exempt from any and all State, county and municipal 

JT^ taxation in the State of Maryland. 



(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance shall be sold at public sale to the 
highest responsible bidder or bidders therefor after due notice 



338 



Ord. No. 545 

of such sale, but the Mayor and City Council of Baltimore, acting 
by and through the Board of Finance thereof, shall have the right 
to reject any or all bids therefor for any reason, and thereafter 
reoffer such bonds at public sale as aforesaid or at private 
sale, provided that if such bonds be offered at private sale, 
they shall be offered for sale and sold for not less than par and 
accrued interest. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until all of the 
interest on the principal of any bonds issued pursuant to the 
provisions of this Ordinance has been paid in full, the Mayor and 
City Council of Baltimore shall levy and impose an annual tax on 
each One Hundred Dollars ($100.00) of assessable property in the 
City of Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore issued and 
outstanding or authorized to be issued and outstanding, payable 
in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this Ordinance 

shall be submitted to the legal voters of the City of Baltimore, C/? 

for their approval or disapproval, at the General Election to be , .' 

held in Baltimore City, on Tuesday, the 6th day of November, ^' 

1990. ■ ^ 

■ii.. ■ 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior to the date *; 

of the election hereinbefore mentioned, notice shall be given to L 

the public of the amount of money which the Mayor and City | 

Council of Baltimore is authorized to borrow, and the general 
purposes for which such borrowed funds may be expended, under the 
terms and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such public 
notice shall be given in such manner and by such means or through 
such media and at such time or times as may be determined, from 
time to time, by a majority of the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the actual cash 
proceeds derived from the sale of the bonds authorized to be ^ 

issued under the provisions of this Ordinance, not exceeding the 1 A-* 

par value thereof, shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in addition to "^"'^ 
the premium realized from the sale, if any, for the cost of .^^ 
issuance, including the expense of engraving, printing, C^ 
advertising, attorneys' fees, and all other incidental expenses ,^^ 
connected therewith; and 

(b) The remainder of such proceeds shall be used for ^'^ 
the acquisition, by purchase, lease, condemnation or any other .<iX- 
legal means, of land or property, or any rights therein, in the 

City of Baltimore, and constructing and erecting on said land or 

339 



^ 



<.z. 



Ord. No. 545 



property, or on any land or property now or hereafter owned by 
the Mayor and City Council of Baltimore, new school buildings, 
athletic and other auxiliary facilities, and for additions and 
improvements to, or the modernization or reconstruction of, 
including the removal and encapsulation of asbestos from, 
existing school buildings or facilities, and for equipment for 
any and all new or existing facilities authorized to be 
constructed, erected, added to, improved, modernized or 
reconstructed by the provisions hereof, and for architectural or 
engineering services or surveys, and any other activities 
relating to planning for the purposes above mentioned or relating 
to planning for future projects of the same general character 
which may be constructed out of future loans. 

(c) The use of the proceeds of the sale of the bonds 
shall be limited to expenditures for capital improvement projects 
having an estimated service life of not less than fifteen (15) 
years, and such proceeds shall not be used for current operating 
expenses of the City. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in the expenditure 
of the proceeds of sale of said bonds, the Mayor and City Council 
of Baltimore shall observe the following conditions: 

(a) Subject to the provisions of the Charter of 
Baltimore City relating to the Planning Commission, the Board of 
School Commissioners of Baltimore City shall have the authority 
to select sites for the construction of the new school buildings 
hereby authorized; 

(b) All plans and specifications for the construction 
or reconstruction of school buildings, or for additions or 
improvements to school buildings, to be financed out of the 
proceeds derived from the sale of the bonds herein authorized to 
be issued, shall be subject to the approval of said Board of 
School Commissioners prior to final acceptance of such plans and 
specifications, and the endorsement of approval by said Board of 
such plans and specifications shall be made thereon, and shall 
also be recorded by said Board in its official minutes; 



(c) All changes in approved plans and specifications 
C/*^ which may be found necessary and expedient during the course of 

Q^ construction shall also be subject to the approval of the Board 

of School Commissioners of Baltimore City, and shall also be 
recorded by said Board in its official minutes: and 



(d) No part of the proceeds derived from the sale of 
the bonds hereby authorized to be issued shall be expended 



^Z^ without the approval of the Board of School Commissioners of 

Baltimore City. 



340 



L 



Ord. No. 546 



SEC. 10. AND BE IT FURTHER ORDAINED, That the expenditure of 
the proceeds derived from the sale of the bonds authorized to be 
issued under the provisions of this Ordinance shall be in 
accordance with the provisions of the Charter of the Mayor and 
City Council of Baltimore, and by the municipal agency designated 
in the annual Ordinance of Estimates of the Mayor and City 
Council of Baltimore. 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 54 6 

(Council Bill No. 1020) 

AN ORDINANCE concerning 

URBAN RENEWAL - CHARLES /NORTH REVITALIZATION AREA - ry 

AMENDMENT NO. 3 ZZ^ 

FOR the purpose of amending the Urban Renewal Plan for the 
Charles/North Revitalization Area to (1) add private clubs 
and after-hours establishments to the list of uses prohibited 
in the Community Business, Community Commercial and the 
Central Commercial Districts; (2) waive such requirements, 
if any, as to content or procedure for the preparation, 
adoption, and approval of renewal plans as set forth in 
Article 13 of the Baltimore City Code (198 3 Replacement 

Volume, as amended) which the Renewal Plan for Charles/North — - 

Revitalization Area may not meet; (3) provide for the O ^ 

severability of the various parts and applications of this <^. * 

ordinance; (4) provide that where the provisions of this ^> 

ordinance shall conflict with any other ordinance, code, or 
regulation in force in the City of Baltimore, the provision ^ 

which establishes the higher standard shall prevail; and (5) 
provide for an effective date thereof. 

WHEREAS, An Urban Renewal Plan for Charles/North '"'^^ 

Revitalization Area was first approved by the Mayor and City '•"•^ 

Council of Baltimore by Ordinance No. 799, dated October 25, ■— ^ 

1982, and last amended by the Mayor and City Council in an by (^^ 

©Ordinance No. 989 . dated June 29, 1987; and ^^ 

WHEREAS, Pursuant to Article 13 of the Baltimore City 
Code (1983 Replacement Volume, as amended) , no substantial change 1*^ 

or changes shall be made in any renewal plan after approval by <^i- 

ordinance, without such change or changes, first being adopted 

341 



Ord. No. 546 

and approved in the same manner as set forth in said Article 13 
for the approval and adoption of a renewal plan by an ordinance 
of the Mayor and City Council of Baltimore after a public hearing 
in relation thereto, all in the manner set forth in said Article 
13; and 

WHEREAS, In accordance with the provisions of Section 
25(h) of said Article 13, when a counc i lacmbor Council Member 
initiates an amendment to an existing renewal plan, such bill 
shall be sent to the Department of Housing and Community 
Development and to the Planning Commission for recommendation and 
report; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That the following amendment and changes to 
the Renewal Plan for Charles/North Revitalization Area, having 
been duly reviewed and considered, are hereby approved and the 
Clerk of the City Council is hereby directed to file a copy of 
said Renewal Plan, revised to include Amendment No. 3, dated May 
14, 1990, with the Department of Legislative Reference as a 
permanent public record and to make the same available for public 
inspection and information: 

On page 3, Section B.2.a, Permitted Uses, amend subsections 
(2), (3), and (4) as follows: 

(2) Community Business 

In the area designated as Community Business on the 
Land Use Plan Map, uses shall be limited to those 
permitted under the B-2 category of the Zoning 
Ordinance of Baltimore City, except for novelty shops; 
pawn shops; pool halls and billiard parlors; fraternity 
and sorority houses; homes for the rehabilitation of 
non-bedridden alcoholic persons and for the care and 
custody of homeless persons; private clubs and after- 
hours establishments. 

^•^ ( 3 ) Community Commercial 

In the area designated as Community Commercial on the 
^ > Land Use Plan Map, uses shall be limited to those 

Dil. permitted under the B-3 category of the Zoning 

IjJ Ordinance of Baltimore City, except for amusement 

**»j^ establishments including archery ranges; shooting 

ST^ galleries; kiddie parks; golf driving ranges; pitch and 

putt; miniature golf courses and other similar 
facilities; amusement parks and permanent carnivals; 
community correction centers; drug abuse rehabilitation 
and treatment centers; palmists; pawn shops; peep show 

342 






cr 



Ord. No. 546 

establishments; pool halls and billiard parlors; 
fraternity and sorority houses; homes for the 
rehabilitation of non-bedridden alcoholic persons and 
for the care and custody of homeless persons; hiring 
halls and work distribution centers; [and] stables for 
horses; private clubs and after-hours establishments . 

(4) Central Commercial 

In the area designated as Central Commercial on the 
Land Use Plan Map, uses shall be limited to those 
permitted under the B-5 category of the Zoning 
Ordinance of Baltimore City, except for amusement 
establishments including archery ranges; shooting 
galleries; kiddie parks; golf driving ranges; pitch and 
putt; m.iniature golf courses and other similar 
facilities; amusement parks and permanent carnivals; 
community correction centers; drug abuse rehabilitation 
and treatment centers; novelty shops; palmists; pawn 
shops; peep show establishments; pool halls and 
billiard parlors; fraternity and sorority houses; 
rescue missions; homes for the rehabilitation of non- ^"•^ 

bedridden alcoholic persons and for the care and 'J^"C 

custody of homeless persons; private clubs and after- 
hours establishments . 

SEC. 2. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the said amended Renewal Plan approved hereby 
may not meet the requirements as to the content of a renewal plan 
or the procedures for the preparation, adoption, and approval of 
renewal plans, as provided in Article 13 of the Baltimore City 
Code (1983 Replacement Volume, as amended), the said requirements 
are hereby waived and the amended Renewal Plan approved hereby is j^ 

exempted therefrom. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this ordinance, or the 
application thereof to any person or circumstances is invalid, 
the remaining provisions and the application of such provisions 

to other persons or circumstances shall not be affected thereby, *-•*'* 

the Mayor and City Council hereby declaring that they would have ..^•-' 

ordained the remaining provisions of this ordinance without the ....—' 

word, phrase, clause, sentence, paragraph, section or part, or <w^ 

the application thereof so held invalid. ^^ 

SEC. 4. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this ordinance concerns the same subject matter as IH*^ 

an existing provision of any zoning, building, electrical, - ^^ 

plumbing, health, fire or safety ordinance, or code or 

343 



r-. 



J>- 






Ord. No. 547 



regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, that 
if such provisions are found to be in irreconcilable conflict, 
the provision which establishes the higher standard for the 
promotion of the public health and safety shall prevail. In any 
case where a provision of this ordinance is found to be in 
conflict with an existing provision of any other ordinance or 
code or regulation in force in the City of Baltimore which 
establishes a lower standard for the promotion and protection of 
the public health and safety, the provision of this ordinance 
shall prevail, and the other existing provision of such other 
ordinance or code or regulation is hereby repealed to the extent 
that it may be found in conflict with this ordinance. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 20, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 54 7 
(Council Bill No. -747) 
S... AN ORDINANCE concerning 



LOUD AND DISTURBING NOISES 

FOR the purpose of restricting the use of loud sound-producing 
devices in motor vehicles; reducing the permitted sound 
area; and providing penalties. 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtitle - Loud and Disturbing Noises 
Section 221 
Baltimore City Code (1983 Replacement Volume, as amended) 



^ .; SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

DUT BALTIMORE, That Section (s) of the Baltimore City Code (1983 

[j^ Replacement Volume, as amended) be added, repealed, or amended, 

•^?». to read as follows: 



ARTICLE 19 - POLICE ORDINANCES 
Loud and Disturbing Noises 

344 



Ord. No. 547 

221. Noise for entertainment purposes. 

(a) It is unlawful for any person or persons to play, use, 
operate, or permit to be played, used, or operated, any radio, 
musical instrument, phonograph, or other machine or device for 
the producing or reproducing of sound: 

(1) if such sound is for the purpose of entertainment 
or is used for that purpose; and 

(2) (i) if the noise source is located in or upon a 
public street, highway, building, sidewalk, park, thoroughfare, 
or other public area, or is located in or upon a public access 
area, such as a shopping mall, parking lot, etc., or on any 
private property, and the sound can be heard more than fifty (50) 
feet from its source; or 

(ii) if the noise source is in a building or other 
structure OR IN A MOTOR VEHICLE and the sound can be heard more 
than [one hundred (100)] 50 feet away from the building, [or] ifV^ 



,, L 



structure, MOTOR VEHICLE, or the boundaries of the property 
surrounding such building or structure, whichever is greater, 

(b) (1) It shall be prima facie evidence of a violation of *" 
this section if the sound can be heard outside the limits '; 
described. 

(2) Where the noise source is located in a building or 
other structure OR IN A MOTOR VEHICLE, the owner, occupant, 
resident, manager, OPERATOR, or other person in charge of the 
premises OR MOTOR VEHICLE shall, if present, be presumed to have 
permitted the noise in the absence of evidence to the contrary. 

(3) Where portable noise-producing devices such as 
radios, tape machines, etc., are present in, or being transported 
through, a public area, street, etc., the person or persons in 
possession of the device shall be presumed to have permitted the 
noise in the absence of evidence to the contrary. 

(4) A police officer may, if he has probable cause to 

believe a prima facie violation of this section is being i'^**^, 

committed in his presence, view, or hearing, warn the apparent .-^--^ 

perpetrator or perpetrators to cease such noise as violates this .— *"' 

section. If the violation persists after such warning, the 'C^ 

officer may arrest without warrant the perpetrator or ,rp 
perpetrators of the violation, and it shall not be necessary for 
the officer to have received a complaint in order to so act. 

(c) Any person violating any provision of this section shall .^X- 
be guilty of a misdemeanor and upon conviction thereof shall be 

345 



Ord. No. 547 

subject to a fine of [not less than one dollar ($1.00) and] not 
more than [one hundred dollars ($100.00)] $500 or shall be 
subject to imprisonment for not more than thirty (30) days, or 
shall be subject to both such fine and imprisonment in the 
discretion of the court, and shall pay costs of the prosecution. 

(1) A POLICE OFFICER WHO FINDS ANY PERSON UNDER 18 YEARS 
OF AGE VIOLATING ANY PROVISION OF SUBSECTION (k) SHALL ORDER THE 
PERSON TO CEASE AND DESIST. 

(2) ANY PERSON UNDER 18 YEARS OF AGE WHO FAILS TO COMPLY 
WITH THIS ORDER MAY BE TAKEN INTO CUSTODY AND. SUBSEQUENT TO 
RECORDING THE INFORMATION NECESSARY TO CARRY OUT THE PURPOSES OF 
THIS SUBSECTION. SHALL BE PROMPTLY RELEASED TO HIS OR HER PARENT 
OR GUARDIAN. THE RELEASED PERSON UNDER 18 YEARS OF AGE SHALL BE 
REFERRED TO THE BALTIMORE CITY POLICE DEPARTMENT'S COURT 
SANCTIONED PRE-INTAKE ADJUSTMENT PROGRAM. 

(3) fl) NO PARENT OR GUARDIAN SHALL KNOWINGLY PERMIT A 
MINOR UNDER THE AGE OF 18 YEARS AND FOR WHOM THE PARENT OR 
GUARDIAN HAS RESPONSIBILITY. TO VIOLATE THE PROVISIONS OF THIS 
SUBSECTION (A) . 

ZTZ (ID ANY PARENT WHO SHALL VIOLATE SUBSECTION 

r 221fC) (3) (I) AFTER HAVING RECEIVED WRITTEN NOTICE OF HIS OR HER 

CHILD OR WARD HAVING COMMITTED A VIOLATION OF SUBSECTION 221 (A) 
OCCURRING WITHIN THE PRECEDING 12 MONTHS. MAY RECEIVE A CITATION 
AND IS SUBJECT TO A FINE OF $50 FOR EACH OFFENSE. 

(4) (I) A POLICE OFFICER WHO FINDS ANY PERSON 18 YEARS OF 

AGE OR OLDER VIOLATING A PROVISION OF SUBSECTION 221 (A) SHALL 
" ;^. ORDER THE PERSON TO CEASE AND DESIST. ANY PERSON FAILING TO 

*^- COMPLY WITH THIS ORDER MAY BE ISSUED A CITATION CONTAINING THE 

OPTION OF PAYING THE FINE PROVIDED OR APPEARING IN COURT FOR 

TRIAL. 

(ID THE OFFICER IS NOT REQUIRED TO TAKE THE PERSON 
INTO PHYSICAL CUSTODY FOR THE VIOLATION UNLESS THE PERSON CHARGED 
^ DOES NOT FURNISH SATISFACTORY EVIDENCE OF IDENTITY. OR REFUSES TO 

p-^ CEASE VIOLATION OF SUBSECTION 221 fA) OR THE OFFICER HAS 

•»— REASONABLE GROUNDS TO BELIEVE THE PERSON CHARGED WILL DISREGARD A 

C/O WRITTEN PROMISE TO APPEAR. 

111 (HI) A PERSON RECEIVING A CITATION UNDER THIS SUBTITLE 

k!T shall pay the fine PROVIDED FOR IN THE CITATION TO THE DISTRICT 

ZZ* COURT OF MARYLAND FOR BALTIMORE CITY OR STAND TRIAL FOR THE 

— :^ VIOLATION. 

HD (5) ANY PERSON 18 YEARS OF AGE OR OLDER VIOLATING THE 

PROVISIONS OF SECTION 221 AFTER BEING ORDERED TO CEASE AND DESIST 

346 



Ord. No. 548 



IS GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE SUBJECT 
TO A FINE OF NOT MORE THAN $500. 

(d) The provisions of this section shall not apply to sound 
equipment used at Memorial Stadium, to City-sponsored events in 
public parks, or to federal, state or local governmental agencies 
or public service companies as defined in Article 78 of the 
Annotated Code of Maryland. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 25, 199 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 548 

(Council Bill No. 829) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND (CDBG) CAPITAL APPROPRIATION - 
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 

FOR the purpose Qf providing a supplementary special fund (CDBG) 
capital appropriation in the amount of $85,614 to the 
Department of Housing and Community Development to complete, 
add to, or eliminate projects in the program of capital 
improvements included in the Federal Community Development 
Block Grant Program for Baltimore City (Year XII) . 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (1) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by Community Development Block Grant (CDBG) program 
income in excess of the revenue estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the fiscal year 1990 and is therefore 
available for appropriation to the Department of Housing and 
Community Development pursuant to the provisions of Article VI, 
Section 2(h)(1) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 



347 



cy: 



Ord. No. 548 



V7HEREAS, The sum herein appropriated is to be spent to 
complete, add to, or eliminate projects which could not 
reasonably be anticipated at the time of formulation of the 
proposed Ordinance of Estimates for the 1990 fiscal year, in 
accordance with Article VI, Section 2(h)(1) of said Charter; and 

WHEREAS, This supplementary special fund (CDBG) capital 
appropriation ordained herein has been recommended to the City 
Council by the Board of Estimates at a regular meeting of the 
Board held on the 6th day of December, 1989, all in accordance 
with Article VI, Section 2(h)(1) of the Baltimore City Charter 
(1964 Revision, as amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $85,614 shall be made available to the Department of 
Housing and Community Development of the City of Baltimore as a 
supplementary special fund (CDBG) capital appropriation for the 
fiscal year ending June 30, 1990, for the purpose of completing, 
adding to, or eliminating projects in the program of capital 
improvements, provided that said sum shall be added to support 
the modified program of projects in the following amended 
amounts: 



CDBG (YEAR ^I^) 
ORIGINAL AMENDED 



UJ 






PROJECT 
Park Heights 
Harlem Park 
Middle East 
Washington Hill 

Total 



AMOUNT 

$ 986,000 

128,886 

592,100 

447.300 

$2,154,286 



AMOUNT 

S 1,046,000 

154,500 

622,100 

417.300 

$2,239,900 



INCREASE 

(DECREASE) 

S 60,000 

25,614 

30,000 

f30.000) 

$ 85,614 



The amount hereby made available as a supplementary special 
fund (CDBG) capital appropriation shall be expended from revenue 
produced by Community Development Block Grant (CDBG) program 
income in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said Community Development 
Block Grant (CDBG) program income shall be the source of revenue 
for this supplementary special fund (CDBG)" capital appropriation, 



348 



Ord. No. 549 



as required by Article VI, Section 2(h)(1) of the Baltimore City 
Charter (1964 Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



WHEREAS, This supplementary special fund (CDBG) capital 
appropriation ordained herein has been recommended to the City 
Council by the Board of Estimates at a regular meeting of the 

349 



^J^ 



CITY OF BALTIMORE 

ORDINANCE NO. 54 9 

(Council Bill No. 831) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND (CDBG) CAPITAL APPROPRIATION - 
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary special fund (CDBG) 
capital appropriation in the amount of $207,801.70 to the 
Department of Housing and Community Development to 
complete, add to, or eliminate projects in the program of 
capital improvements included in the Federal Community 
Development Block Grant Program for Baltimore City (Year 
XIII) . 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (1) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by Community Development Block Grant (CDBG) program 
income in excess of the revenue estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the fiscal year 1990 and is therefore 
available for appropriation to the Department of Housing and 
Community Development pursuant to the provisions of Article VI, 
Section 2(h)(1) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

WHEREAS, The sum herein appropriated is to be spent to 
complete, add to, or eliminate projects which could not 
reasonably be anticipated at the time of formulation of the 
proposed Ordinance of Estimates for the 1990 fiscal year, in 
accordance with Article VI, Section 2(h)(1) of said Charter; and '"^ 



r«^ 



Ord. No. 549 



Board held on the 6th day of December, 1989, all in accordance 
with Article VI, Section 2(h)(1) of the Baltimore City Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $207,801.70 shall be made available to the Department 
of Housing and Community Development of the City of Baltimore as 
a supplementary special fund (CDBG) capital appropriation for the 
fiscal year ending June 30, 1990, for the purpose of completing, 
adding to, or eliminating projects in the program of capital 
improvements, provided that said sum shall be added to support 
the modified program of projects in the following amended 
amounts : 

CDBG (YEAR XIII) 
ORIGINAL AMENDED INCREASE 



bJ 



<.z. 



PROJECT 
Penn North 
Upton 
Poppleton 

Washington Village 
Fells Point 
Charles Center 
Rehabilitation Aid 
Transitional Housing 



AMOUNT AMOUNT (DECREASE) 

S 60,000.00 $ 106,200.00 $ 46,200.00 

10,000.00 40,000.00 

1,160,900.00 1,633,700.00 

138,100.00 289,100.00 



1,100,000.00 
510,000.00 
2,000,000.00 2,024,492.70 



30,000.00 
472,800.00 
151,000.00 
(1,100,000.00) 
10,000.00 (500,000.00) 



411,500.00 



Vacant Housing Initiative 1. 400.000.00 



586,500.00 
2.303.309.00 



Total 



$6,790,500.00 $6,998,301.70 



24,492.70 
175,000.00 
908.309.00 
$207,801.00 



The amount hereby made available as a supplementary special 
fund (CDBG) capital appropriation shall be expended from revenue 
produced by Community Development Block Grant (CDBG) program 
income in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said Community Development 
Block Grant (CDBG) program income shall be the source of revenue 
for this supplementary special fund (CDBG) capital appropriation, 



350 



Ord. No. 550 



as required by Article VI, Section 2(h)(1) of the Baltimore City 
Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 550 

(Council Bill No. 832) 

AN ORDINANCE concerning 

r SUPPLEMENTARY SPECIAL FUND (CDBG) CAPITAL APPROPRIATION - 
■ DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary special fund (CDBG) 
capital appropriation in the amount of $271,600 to the 
Department of Housing and Community Development to 
complete, add to, or eliminate projects in the program of 
capital improvements included in the Federal Community 
Development Block Grant Program for Baltimore City (Year 
XIV) . 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (1) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents revenue 
produced by Community Development Block Grant (CDBG) program 
income in excess of the revenue estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the fiscal year 1990 and is therefore 
available for appropriation to the Department of Housing and 

Community Development pursuant to the provisions of Article VI, i^** ' 

Section 2(h)(1) of the Baltimore City Charter (1964 Revision, as .-.•^ 

amended) ; and .-i^-' 

WHEREAS, The sum herein appropriated is to be spent to ^ '^ 

complete, add to, or eliminate projects which could not '•^-*^ 
reasonably be anticipated at the time of formulation of the 

proposed Ordinance of Estimates for the 1990 fiscal year, in IH*^ 

accordance with Article VI, Section 2(h)(1) of said Charter; and .^i 



351 



Ord. No. 550 



WHEREAS, This supplementary special fund (CDBG) capital 
appropriation ordained herein has been recommended to the City 
Council by the Board of Estimates at a regular meeting of the 
Board held on the 6th day of December, 1989, all in accordance 
with Article VI, Section 2(h)(1) of the Baltimore City Charter 
(1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $271,600 shall be made available to the Department of 
Housing and Community Development of the City of Baltimore as a 
supplementary special fund (CDBG) capital appropriation for the 
fiscal year ending June 30, 1990, for the purpose of completing, 
adding to, or eliminating projects in the program of capital 
improvements, provided that said sum shall be added to support 
the modified program of projects in the following amended 
amounts : 

CDBG (YEAR XIV) 
ORIGINAL AMENDED INCREASE 



u.. 









PROJECT 






AMOUNT 




AMOUNT 


(DECREASE) 


Park Heights 




$ 


400,900 


S 


440,900 


$ 40,000 


North Avenue/Walbrook 






735,700 




742,300 


6,600 


Sandtown Winchester 




1 


,137,200 


2 


,062,800 


925,600 


Franklin Square 






398,400 




608,400 


210,000 


Washington Village 






951,500 


1 


,091,500 


140,000 


Fells Point 






120,000 







(120,000) 


Broadway East 






925,600 







(925,600) 


Barclay 






90,000 




115,000 


25,000 


Oliver 






494,200 




511,200 


17,000 


Market Center 






825,000 




760,000 


(65,000) 


Special Projects for 


Neighbc 


rhoods: 








People's Homesteading 


Group 









18,000 


18.000 


Total 




S6 


,078,500 


S6 


,350,100 


$ 271,600 



352 



Ord. No. 551 



The amount hereby made available as a supplementary special 
fund (CDBG) capital appropriation shall be expended from revenue 
produced by Community Development Block Grant (CDBG) program 
income in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said Community Development 
Block Grant (CDBG) program income shall be the source of revenue 
for this supplementary special fund (CDBG) capital appropriation, 
as required by Article VI, Section 2(h)(1) of the Baltimore City 
Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 551 

(Council Bill No. 878) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND CAPITAL APPROPRIATION - 
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary Special Fund Capital 
appropriation in the amount, of $1,700,000 to the Department 
of Housing and Community Development (Account No. 9911-588- 
463) for the City to provide a re-loan of a Maryland 
Industrial and Commercial Redevelopment Fund (MICRF) loan to 
the Maryland Brush Company to assist in the purchase of the 
Pittsburgh Plate Glass Industries, Baltimore Brush Products 
Division. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 
I Baltimore City Charter (1964 Revision, as amended) 






WHEREAS, The money appropriated herein represents a Maryland ^^^ 

Industrial and Commercial Redevelopment Fund (MICRF) loan in '''^^ 
excess of the amount from this source estimated and relied upon 

by the Board of Estimates in determining the tax levy required to IH*^ 

balance the budget for the 1990 fiscal year, and said money is .<ii 
therefore available for appropriation to the Department of 

353 



Ord. No. 552 

Article VI, Section 2(h)(2) of the Baltimore City Charter (1964 
Revision, as amended) ; and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2(h)(2) of said Charter; 
and 

WHEREAS, This supplementary Special Fund Capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
20th day of December, 1989, all in accordance with Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
, the sum of $1,700,000 shall be made available to the Department 

I of Housing and Community Development (Account No. 9911-588-463) 

as a Supplementary Special Fund Capital appropriation for the 
^'^ fiscal year ending June 30, 1990 for the City to provide a re- 

loan of a Maryland Industrial and Commercial Redevelopment Fund 
(MICRF) loan to the Maryland Brush Company to assist in the 
purchase of the Pittsburgh Plate Glass Industries, Baltimore 
Brush Products Division which could not reasonably be anticipated 
at the time of formulation of the proposed fiscal 1990 Ordinance 
of Estimates. The amount thus made available as a supplementary 
Special Fund Capital appropriation shall be expended from a 
Maryland Industrial and Commercial Redevelopment Fund (MICRF) 
loan in excess of the amount from this source which was estimated 
or relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1990 fiscal year; and 
said funds from said Maryland Industrial and Commercial 
Redevelopment Fund (MICRF) loan shall be the source of revenue 
for this supplementary Special Fund Capital appropriation as 
required by Article VI, Section 2(h)(2) of the Baltimore City 
( Charter (1964 Revision, as amended). 



r- 






SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



00 

D::r 

[jjl Approved June 26, 1990 

**^w KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 552 



354 



Ord. No. 552 

(Council Bill No. 882) 

AN ORDINANCE concerning 

PETROLEUM PRODUCTS-SALES TO SENIOR CITIZENS 

FOR the purpose of providing that certain retail service station 
dealers who provide a price reduction on motor fuel for 
self-service shall provide, upon request, refueling services 
at self-service pumps at the self-service price to senior 
citizens; excluding certain retail service station dealers; 
and providing a certain penalty for violations. 

BY adding to 

Article 14-Weights and Measures 

Subtitle-Petroleum Products 

Section lOA 

Baltimore City Code (1983 Replacement Volume as amended) 

BY repealing and reenacting, with amendments, 
Article 14-Weights and Measures 
Subtitle-Petroleum Products 7^ 

Section 11 
Baltimore City Code (1983 Replacement Volume as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF .; 

BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended to 
read as follows: 

ARTICLE 14-WEIGHTS AND MEASURES 

Petroleum Products 

lOA. SALES TO SENIOR CITIZEN DRIVERS. 

(A) EXCEPT AS PROVIDED IN SUBSECTIONS (B) AND (C) OF THIS 
SECTION, ANY RETAIL SERVICE STATION DEALER WHO PROVIDES A PRICE 
REDUCTION ON MOTOR FUEL FOR SELF-SERVICE SHALL PROVIDE, UPON 
REQUEST, REFUELING SERVICES AT SELF-SERVICE PUMPS AT THE SELF- 
SERVICE PRICE TO SENIOR CITIZENS UPON PROOF THAT SAID DRIVER IS 
7 YEARS OLD OR OLDER. 



y: 



(B) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO RETAIL 
SERVICE STATION DEALERS SELLING MOTOR FUEL FROM THE FOLLOWING 
FACILITIES: 



\.^ 



(1) EXCLUSIVELY SELF-SERVICE STATIONS WHICH HAVE j|— ^ 

REMOTELY CONTROLLED GAS PUMPS, WHICH ARE OPERATED BY A SINGLE . ^^ 
CASHIER, AND WHICH DO NOT PROVIDE MOTOR FUEL PUMP SERVICE; OR 

355 



Ord. No. 553 

(2) CONVENIENCE STORES THAT SELL GASOLINE THROUGH 
REMOTELY CONTROLLED PUMPS THAT DO NOT PROVIDE MOTOR FUEL PUMP 
SERVICE. 

(C) THIS SECTION DOES NOT APPLY TO ANY SENIOR CITIZEN DRIVER 
WHO IG RLACONADLY CAPABLE OF GERVING lilMGELF OR WliO IS AGE 7 OR 
OLDER WHO IS ACCOMPANIED BY ANOTHER PERSON WHO IS CAPABLE OF 
PROVIDING SELF-SERVICE. 

11. Penalty provisions. 

(A) EXCEPT AS PROVIDED UNDER SUBSECTION (B) OF THIS SECTION, 
Whoever whoever , himself or by his agent or servant, violates any 
provision of this subtitle shall be punished by a fine of not 
less than ten nor more than one hundred dollars. Upon the second 
conviction of any licensee or any such violation, whether by 
himself or by his agent or servant, the Director of Finance may 
suspend the right of such licensee to engage in the business of 
selling motor fuel at retail for a period not exceeding three 

, months, and upon a third or subsequent conviction of any license 

I of any such violation, whether by himself or by his agent or 

servant, the Director of Finance may suspend such right for a 
•^ period not exceeding one year. 

(B) ANY RETAIL SERVICE STATION DEALER WHO IS CONVICTED OF A 
VIOLATION OF ANY PROVISION OF SECTION lOA OF THIS ARTICLE IS 
SUBJECT TO A FINE OF NOT MORE THAN $25, 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 



u.. 



t: 



Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 553 
(Council Bill No. 925) 



01 

0^ AN ORDINANCE concerning 

LU 

*^^^ ZONING - APPROVAL FOR CONDITIONAL USE 

ZZ, HOME FOR NON-BEDRIDDEN ALCOHOLICS - 

•ra» 1844-1850 WEST BALTIMORE STREET 

p-iD FOR the purpose of granting permission for the establishment 

maintenance and operation of a home for non-bedridden 
alcoholics . with no more than 16 beds, on the property 

356 



Ord. No. 554 

known as 1844-1850 West Baltimore Street, Baltimore MD 
21223, as outlined in red on the plats accompanying this 
ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 4.8-ld and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of a home for 
nonbedridden alcoholics , with no more than 16 beds, on the 
property known as 1844-1850 West Baltimore Street, as outlined in 
red on the plats accompanying this ordinance, under the provis- 
ions of Sections 4.8-ld and 11.0-6d of Article 30 of the Bal- 
timore City Code (1983 Replacement Volume, as amended) title 
"Zoning" . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of ,*/7 

this ordinance by the City Council, as evidence of the authen- -^ 

ticity of the plat which is a part hereof and in order to give 
notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community Develop- 
ment, the Supervisor of Assessments for Baltimore City, and the 
Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its enact- 
ment. 

Approved June 26, 19 9 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 554 

^ (Council Bill No. 930) 

AN ORDINANCE concerning 

SUPPLEMENTARY MAYOR AND CITY COUNCIL 
REAL PROPERTY CAPITAL APPROPRIATION - 
* DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT - $1,000,000 

357 



'S 



Ord. No. 554 

FOR the purpose of providing a supplementary Mayor and City 

Council Real Property Capital appropriation in the amount of 
$1,000,000 to the Department of Housing and Community 
Development (Account No. 9911-588-462) for renovations at 
the Technology Development Center (1420 Key Highway). 

By authority of 

Article VI - Board of Estimates 

Section 2 (h) (1) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents sale of 
City-owned property in excess of the amount from these sources 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Department of Housing and Community 
Development pursuant to the provisions of Article VI, Section 
2(h)(1) of the Baltimore City Charter (1964 Revision, as 
, amended) ; and 

WHEREAS, The additional sum here appropriated is made 
r'\ available for expenditure by the municipal agency responsible for 

the production of such revenues in accordance with Article VI, 
Section 2(h)(1) of said Charter; and 

WHEREAS, This supplementary Mayor and City Council Real 
Property Capital appropriation has been recommended to the City 
Council by the Board of Estimates at a regular meeting of the 
Board held on the 7th day of March, 1990, all in accordance with 
Article VI, Section 2(h)(1) of the Baltimore City Charter (1964 
\,]», Revision, as amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $1,000,000 shall be made available to the Department 
of Housing and Community Development (Account No. 9911-588-462) 
f as a supplementary Mayor and City Council Real Property Capital 

r— appropriation for the fiscal year ending June 30, 1990 for 

"*^ renovations at the Technology Development Center (1420 Key 

0*^ Highway) . The amount thus made available as a supplementary 

OilT Mayor and City Council Real Property Capital appropriation shall 

[jj be from the sale of City-owned property in excess of the amount 

*v,^ from these sources which was estimated or relied upon by the 

Z.^ Board of Estimates in determining the tax levy required to 

balance the budget for the 1990 fiscal year; and said funds from 
said sale of City-owned property shall be the source of revenue 
for this supplementary Mayor and City Council Real Property 
Capital appropriation as required by Article VI, Section 2(h)(1) 
of the Baltimore City Charter (1964 Revision; as amended) . 

358 



tCZ, !l 



Ord. No. 555 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 555 

(Council Bill No. 931) 

AN ORDINANCE concerning 

SUPPLEMENTARY MAYOR AND CITY COUNCIL 

REAL PROPERTY CAPITAL APPROPRIATION - 

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 

FOR the purpose of providing a supplementary Mayor and City -y^ 

Council Real Property Capital appropriation in the amount of " , " 

$1,200,000 to the Department of Housing and Community 
Development (Account No. 9911-588-151) to purchase former 
Continental Can property (East Biddle Street) . 

By authority of ' 

Article VI - Board of Estimates 
Section 2(h) (1) 
Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents sale of 
City-owned property in excess of the amount from these sources 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Department of Housing and Community 
Development pursuant to the provisions of Article VI, Section 
2(h)(1) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

V7HEREAS, The additional sum here appropriated is made 
available for expenditure by the Municipal agency responsible for 
the production of such revenues in accordance with Article VI, 
Section 2(h)(1) of said Charter; and 

WHEREAS, This supplementary Mayor and City Council Real 
Property Capital appropriation has been recommended to the City 

Council by the Board of Estimates at a regular meeting of the f"^- 

Board held on the 7th day of March, 1990, all in accordance with «^i. 

Article VI, Section 2(h)(1) the Baltimore City Charter (1964 

359 






Ord. No. 556 



Revision, as amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $1,200,000 shall be made available to the Department 
of Housing and Community Development (Account No. 9911-588-151) 
as a supplementary Mayor and City Council Real Property Capital 
appropriation for the fiscal year ending June 30, 1990 to 
purchase former Continental Can property (East Biddle Street) . 
The amount thus made available as a supplementary Mayor and City 
Council Real Property Capital appropriation shall be from the 
sale of City-owned property in excess of the amount from these 
sources which were estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1990 fiscal year; and said funds from said sale of 
City-owned property shall be the source of revenue for this 
supplementary Mayor and City Council Real Property Capital 
appropriation as required by Article VI, Section 2(h)(1) of the 
Baltimore City Charter (1964 Revision as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 556 

«■ - 

' (Council Bill No. 941) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
HOUSING FOR THE ELDERLY - 'SOUTHERN PORTION OF 
934 S. LAKEWOOD AVENUE 

r- - 

Y'Z FOR the purpose of granting permission for the establishment, 
^J maintenance and operation of housing for the elderly on the 

DitT southern portion of the property known as 934 S. Lakewood 

LuJ Avenue, as outlined in red on the plats accompanying this 



ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 6.3-ld-4 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 



360 



Ord. No. 557 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of housing for the 
elderly on the southern portion of the property known as 934 S. 
Lakewood Avenue, as outlined in red on the plats accompanying 
this ordinance, under the provisions of Sections 6.3-ld-4 and 
11.0-6d of Article 30 of the Baltimore City Code (1983 
Replacement Volume, as amended) title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 

Development, the Supervisor of Assessments for Baltimore City, * r^ 

and the Zoning Administrator. ,' 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. ^; 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 557 

(Council Bill No. 943) 

AN ORDINANCE concerning 

RETIREMENT - EARLY RETIREMENT 

FOR the purpoao of including the credit for military ocgvicG in 
%*»€ — RctiromGnt Benefit for Clasa C GmploycGa who arc gcaovcd 
from Q regular p e rmanent position with the City without 
fault on thG GmployGo ' s part. 
FOR the purpose of excluding the age requirements contained in 

Section 9(d)(2) in order for certain Class C emplovees. who 
are removed from a regular permanent position with the City 
without fault on their part, to be eligible to receive 
retirement benefit credit for certain military service. 



361 



Ord. No. 557 

By repealing and reordaining with amendments 
Article 22 - Retirement Systems 
Subtitle - Employees' Retirement System 
Section 9(f) (2b) 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 22 - RETIREMENT SYSTEMS 

Employees' Retirement System 

9. Class C membership. 

(f) Early retirement. 

,;^ (2b) Should a Class C member be removed from a regular 

I* permanent position of the City without fault on his or her part 

,* after the acquisition of 20 years of service (30 years of service 

■""^ if removed before July 1, 1987), but has not attained the age of 

65, such member shall be entitled to receive a retirement benefit 
based on the actual years of service credit and equal to the 
pension the member would receive if he or she had already 
attained the age of 65, the normal retirement age. The reduction 
contained in section 9(f)(l)(iii) of this subtitle shall not 
apply. In addition, the primary social security benefit will be 
calculated on the assumption that the member would have no 
earnings after the calendar year prior to the year of retirement 

^>. under this section 9(f)(2), notwithstanding the provisions of 

"■ ' sections 9(f)(l)(ii) or any other provision of this subtitle 

which provides for the use of level future earnings. fHowever, 
any military leave credit claim shall continue to be subject to 
the conditions contained in Section 9(d)-(-2-)- of this subtitle-r-^-, 
EXCEPT THE MILITARY LEAVE CREDIT CLAIM SHALL NOT BE SUBJECT TO 
THE AGE 65 REQUIREMENT CONTAINED IN SUBSECTION 9(D)(2). ¥HE 
MILITARY SERVICE CREDIT PROVIDED FOR IN SUDGECTION (D) OF THIC 

r - SECTION SHALL BE INCLUDED IN THE CALCULATION OF BENEFITS FOR A}fY 

•";- CLASS C MEMBER WHO RETIRES U>JDER THE PROVISIONS OF THIS 

Oj SUBSECTION. 

tjj ' Sec. 2. AND BE IT FURTHER ORDAINED, That this ordinance 

^j^ . shall take effect April 1, — 1000, on the date of its enactment and 

...^ shall apply to any member retiring on or after that date. 






Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



362 



^ 



Ord. No. 558 



CITY OF BALTIMORE 

ORDINANCE NO. 5 58 

(Council Bill No. 956) 

AN ORDINANCE concerning 

URBAN RENEWAL - IRVINGTON BUSINESS AREA - AMENDMENT 1 

FOR the purpose of amending the Urban Renewal Plan for the 

Irvington Business Area to, among other things, authorize 
the acquisition of 4021-4041 Frederick Avenue by the Mayor 
and City Council of Baltimore for urban renewal purposes; 
create a new disposition lot for community business use with 
regulations to govern its development; change the land use 
of 4021/27 Frederick Avenue from public to community 
business; add provisions concerning community review; revise 
provisions on compliance with the rehabilitation 
requirements; revise and/or add certain exhibits to reflect 
the changes provided herein; waive such requirements, if 
any, as to content or procedure for the preparation, 
adoption, and approval of renewal plans as set forth in 
Article 13 of the Baltimore City Code which the Urban 
Renewal Plan for the Irvington Business Area may not meet; 
provide for the separability of the various parts and 
applications of this Ordinance; provide that where the 
provisions of this Ordinance shall conflict with any other 
ordinance in force in the City of Baltimore, the provision 
which establishes the higher standard shall prevail; and 
provide for an effective date hereof. 

V7HEREAS, An Urban Renewal Plan for the Irvington Business 
Area was originally approved by the Mayor and City Council of 
Baltimore by Ordinance 42, dated April 14, 1988; and 

WHEREAS, It is necessary to amend the Urban Renewal Plan for 
the Irvington Business Area to acquire and demolish blighted 
buildings and consolidate the site with an underutilized city- 
owned parking lot to assemble land to build housing for moderate 
income elderly persons in the 4 000 block of Frederick Avenue; to 
add regulations governing the development of disposition lots and 
concerning community review; and to revise the section of period 
of compliance with the rehabilitation requirements to clarify the 
time period for compliance and to allow the Commissioner of the 
Department of Housing and Community Development to waive 
rehabilitation requirements if the waiver does not adversely 
affect Urban Renewal Plan objectives; and 



363 



Ord. No. 558 

WHEREAS, Pursuant to Article 13 of the Baltimore City Code 
(1983 Replacement Volume, as amended), no substantial change or 
changes shall be made in any renewal plan, after approval by 
ordinance, without such change or changes first being adopted and 
approved in the same manner as set forth in said Article 13 for 
the approval of a renewal plan, namely the preparation of such 
change or changes by the Department of Housing and Community 
Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adoption 
by an ordinance of the Mayor and City Council of Baltimore after 
a public hearing in relation thereto, all in the manner set forth 
in said Article 13; and 

WHEREAS, The Department of Housing and Community Development 
has prepared an amended Urban Renewal Plan for the Irvington 
Business Area to incorporate these changes; and 

WHEREAS, Said amended Urban Renewal Plan has been approved 
by the Director of the Department of Planning with respect to its 
i;, conformity as to the Master Plan, the detailed location of any 

1^ public improvements proposed in the amended Renewal Plan, its 

" conformity to the rules and regulations for subdivisions, and its 

'"" conformity to existing zoning classifications; and said amended 

Urban Renewal Plan has been approved and recommended to the Mayor 
and City Council of Baltimore by the Commissioner of the 
Department of Housing and Community Development; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the amended Urban Renewal Plan, identified as 
"Urban Renewal Plan, Irvington Business Area" revised to include 
, Amendment No. 1, dated January 25, 1990, having been duly 

a^^; * reviewed and considered, is hereby approved and the Clerk of the 

City Council is hereby directed to file a copy of said amended 
Urban Renewal Plan with the Department of Legislative Reference 
as a permanent public record and to make the same available for 
public inspection and information. 






§'' 



SEC. 2. AND BE IT FURTHER ORDAINED, That it is necessary to 
acquire, by purchase or by condemnation, for urban renewal 
purposes, the fee simple interest or any lesser interest in and 
to certain properties or portions thereof, together with all 
right, title, interest and estate that the owner or owners of 
said property interests may have in all streets, alleys, ways or 
lanes, public or private, both abutting the whole area described 
and/or contained within the perimeter of said area, situate in 
Baltimore City, Maryland, and described as follows: 

4021/27 Frederick Avenue 
4029 Frederick Avenue 



364 



Ord. No. 558 



4 03 3 Frederick Avenue 
4 041 Frederick Avenue 

SEC. 3. AND BE IT FURTHER ORDAINED, That the Department of 
Real Estate, Office of the Comptroller, or such person or persons 
and in such manner as the Board of Estimates, in the exercise of 
the power vested in it by Article V, Section 5, of the Baltimore 
City Charter, may hereafter from time to time designate, is or 
are authorized to acquire on behalf of the Mayor and City Council 
of Baltimore and for the purposes described in this Ordinance, 
the fee simple interest or any lesser interest in and to the 
properties or portions thereof hereinabove mentioned. If the said 
Department, person or persons is or are unable to agree with the 
owner or owners on the purchase price for said properties or 
portions thereof, it or they shall forthwith notify the City 
Solicitor of Baltimore City, who shall thereupon institute in the 
name of the Mayor and City Council of Baltimore the necessary 
legal proceedings to acquire by condemnation the fee simple 
interest or any lesser interest in and to said properties or 
portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the newly created 
disposition lot for community business use and the regulations 
governing its development - all as shown in the amended Urban 
Renewal Plan in Section B.2.C. entitled "Regulations, Controls 
and Restrictions on Land Acquired by the City" and on new Exhibit 
3, Land Disposition, dated January 25, 1990 - are hereby 
approved. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the change in land 
use of 4021/27 Frederick Avenue from public to community business 
-as shown on Exhibit 1, Land Use Plan, dated as revised January 
25, 1990, is hereby approved. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the newly created 
or revised provisions on community review of redevelopment and of 
Renewal Plan amendments as contained in the amended Urban Renewal 
Plan in Sections D.2. entitled "Community Review" and G. entitled 
"Procedures for Changes in Approved Plan" are hereby approved. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the following 
revised language concerning compliance with the rehabilitation 
requirements contained in Section 9. of Ordinance 42, approved 
April 14, 1988 and in the amended Urban Renewal Plan in Section 
C.3. entitled "Rehabilitation" is hereby approved: 

"k. Period of Compliance - To the extent that 
rehabilitation requirements for commercial uses are 
specifically applicable to the Irvington Business Area 
and are not generally required elsewhere, the work 
necessary to meet such requirements shall be completed 

365 






<z> 



Ord. No. 558 



within six (6) months from the effective date of this 
Plan, unless specifically outlined elsewhere in this 
Plan. THEREAFTER, ALL WORK SHALL BE COMPLETED IN 
ACCORDANCE WITH THE DATE OF COMPLETION SET FORTH IN THE 
NOTICE FROM THE COMMISSIONER OF THE DEPARTMENT OF 
HOUSING AND COMMUNITY DEVELOPMENT. No work, alterations 
or improvements shall be undertaken after enactment of 
this Plan which do not conform with the requirements 
herein. HOWEVER, THE COMMISSIONER MAY WAIVE COMPLIANCE 
WITH ONE OR MORE OF THESE STANDARDS IF SUCH WAIVER IS 
DETERMINED BY THE COMMISSIONER NOT TO ADVERSELY AFFECT 
THE PLAN OBJECTIVES FOR THE IRVINGTON BUSINESS AREA. 

Nothing herein shall be construed to permit any sign, 
construction, alteration, change, repair, use or any 
other matter otherwise forbidden or restricted or 
controlled by any other public law." 

SEC. 8. AND BE IT FURTHER ORDAINED, That the following new 
or revised Exhibits which contain the changes provided herein are 
hereby approved: Exhibit 1 - Land Use Plan; Exhibit 2 - Property 
Acquisition; and Exhibit 3 - Land Disposition, all dated January 
25, 1990. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in whatever 
respect, if any, the said amended Renewal Plan approved hereby 
may not meet the requirements as to the content of a renewal plan 
or the procedures for the preparation, adoption, and approval of 
renewal plans, as provided in Article 13 of the Baltimore City 
Code (1983 Replacement Volume, as amended), the said requirements 
are hereby waived and the amended Renewal Plan approved hereby is 
exempted therefrom. 



SEC. 10. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this Ordinance or the 
application thereof to any person or circumstances is invalid, 
the remaining provisions and the application of such provisions 
^— ^ to other persons or circumstances shall not be affected thereby, 

f-'— the Mayor and City Council hereby declaring that they would have 

•*— ordained the remaining provisions of this Ordinance without the 

CO word, phrase, clause, sentence, paragraph, section or part or the 

D:^ application thereof so held invalid. 



SEC. 11. AND BE IT FURTHER ORDAINED, That in any case where 
a provision of this Ordinance concerns the same subject matter as 
an existing provision of any zoning, building, electrical, 
plumbing, health, fire, or safety ordinance or code or 



••J • regulation, the applicable provisions concerned shall be 

construed so as to give effect to each; provided, however, that 



366 



! Ord. No. 559 

f 

if such provisions are found to be in irreconcilable conflict, 
the provision which establishes the higher standard for the 
promotion and protection of the public health and safety shall 
prevail. In any case where a provision of this Ordinance is 
found to be in conflict with an existing provision of any other 
ordinance or code or regulation in force in the City of Baltimore 
which establishes a lower standard for the public health and 
safety, the provision of this Ordinance shall prevail, and the 
other existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be found 
in conflict with this Ordinance. 

SEC. 12. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE • ^, 

ORDINANCE NO. 559 '^ 

(Council Bill No. 983) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
HOUSING FOR THE ELDERLY - PORTION OF 
1025 S. POTOMAC STREET 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of housing for the elderly , with a 
maximum of 20 units, on the portion of the property known as 
102 5 S. Potomac Street, as outlined in red on the plats 
accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 4.8-ld-5 and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted for the 
establishment, maintenance and operation of housing for the 
elderly , with a maximum of 20 units, on a portion of the property 
known as 1025 S. Potomac Street, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Sections --^ 

4.8-ld-5 and 11.0-6d of Article 30 of the Baltimore City Code ,.::iL 

(1983 Replacement Volume, as amended) title "Zoning". 

367 



c 



rD'.' 



Ord. No. 560 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City, 
and the Zoning Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment . 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



I' , 

1^ CITY OF BALTIMORE 

'• ORDINANCE NO. 560 

(Council Bill No. 1009) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND CAPITAL APPROPRIATION - 
BALTIMORE CITY PUBLIC SCHOOLS 

FOR the purpose of providing a supplementary Special Fund Capital 
appropriation in the amount of $1,500,000 to the Baltimore 
City Public Schools (Account No. 9932-419-026) for the 
renovation of Walbrook High School. 

By authority of 

Article VI - Board of Estimates 
, Section 2 (h) (2) 

r - Baltimore City Charter (1964 Revision, as amended) 

^J WHEREAS, The money appropriated herein represents funding 

D:^ from a State grnat in excess of the amount from this source 

[jj «• estimated and relied upon by the Board of Estimates in 

^^ (. determining the tax levy required to balance the budget for the 

•>'«. 1990 fiscal year, and said money is therefore available for 

^» |. appropriation to the Baltimore City Public Schools (Account No. 

9932-419-026) pursuant to the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

368 



L 



Ord. No. 561 
i 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2(h)(2) of said Charter; 
and 

WHEREAS, This supplementary Special Fund Capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
9th day of May, 1990, all in accordance with Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article vi , Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $1,500,000 shall be made available to the Baltimore 
City Public Schools (Account No. 9932-419-026) as a supplementary 
Special Fund Capital appropriation for the fiscal year ending 

June 30, 1990 for renovation of Walbrook High School which could Z*^- 

not reasonably be anticipated at the time of formulation of the 
proposed fiscal 1990 Ordinance of Estimates. The amount thus made 
available as a supplementary Special Fund Capital appropriation 
shall be provided by a State grant in excess of the amount from 
this source which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1990 fiscal year; and said funds from said State 
grant shall be the source of revenue for this supplementary 
Special Fund Capital appropriation as required by Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

W ORDINANCE NO. 561 

(Council Bill No. 1010) 

AN ORDINANCE concerning 

W^ SUPPLEMENTARY GENERAL FUND CAPITAL APPROPRIATION 

BALTIMORE CITY PUBLIC SCHOOLS 



.369 



Ord. No. 561 

FOR the purpose of providing a supplementary General Fund Capital 
appropriation in the amount of $4,161,076 to the Baltimore 
City Public Schools (Account No. 9932-419-026) for the 
renovation of Walbrook High School. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding 
from Baltimore Orioles/City Profit Sharing ($3,104,485)' Asbestos 
Litigation Settlement ($478,690); Proceeds from Coldspring 
Defeasance ($540,000), and the Beverage Container Tax ($37,901) 
in excess of the amount from this source estimated and relied 
upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1990 fiscal year, and said 
money is therefore available for appropriation to the Baltimore 
City Public Schools (Account No. 9932-419-026) pursuant to the 

1^! provisions of Article VI, Section 2(h)(3) of the Baltimore City 

1^. Charter (1964 Revision, as amended); and 

,'"**' WHEREAS, The additional sum here appropriated is from 

sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 

*^ '^' in accordance with Article VI, Section 2(h)(3) of said Charter; 

and 

WHEREAS, This supplementary General Fund Capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
^ J 9th day of May, 1990, all in accordance with Article VI, Section 

2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) . 



t. 



O SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

BALTIMORE, That under the provisions of Article VI, Section 
w^ "^ 2(h) (3) of the 1964 Revision of the Charter of Baltimore City, 

Q* C the sum of $4,161,076 shall be made available to the Baltimore 

r^ I City Public Schools (Account No. 9932-419-026) as a supplementary 

General Fund Capital appropriation for the fiscal year ending 
June 30, 1990 for renovation of Walbrook High School which could 
not reasonably be anticipated at the time of formulation of the 
LU ' proposed fiscal 1990 Ordinance of Estimates. The amount thus made 

^:> '' available as a supplementary General Fund Capital appropriation 

•••*• shall be provided by Baltimore Orioles/City Profit Sharing 

2^ r ($3,104,485)' Asbestos Litigation Settlement ($478,690); Proceeds 

"* '^ from Coldspring Defeasance ($540,000), and the Beverage Container 

Tax ($37,901) in excess of the amount from this source which was 
estimated or relied upon by the Board of Estimates in determining 

370 



00 



^D 



Ord. No. 561A 



the tax levy required to balance the budget for the 1990 fiscal 
year; and said funds from said Baltimore Orioles/City Profit 
Sharing ($3,104,485); Asbestos Litigation Settlement ($478,690); 
Proceeds from Coldspring Defeasance ($540,000), shall be the 
source of revenue for this supplementary General Fund Capital 
appropriation as required by Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 561A 

(Council Bill No. 1018) ^• 

AN ORDINANCE concerning 

CERTIFIED DRUG FREE ZONES 

FOR the purpose of deleting the sunset provisions of the enacting 
ordinance. 

BY repealing 

Ordinance 375 

Section 2 

Approved July 11, 1989 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section 2 of Ordinance No. 375, approved July 11, 
1989, is hereby repealed and the expiration date stated therein 
is hereby rescinded. 

[SEC. 2. And be it further ordained, That this ordinance 
shall remain in effect for a period of one year from its 
enactment, and with no further action required by the Mayor and 
City Council shall be abrogated and of no further force and 
effect. ] 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 2 6, 199 "*^ 

KURT L. SCHMOKE, Mayor ::^ 



371 



Ord. No. 562 

CITY OF BALTIMORE 

ORDINANCE NO. 562 

(Council Bill No. 1021) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND CAPITAL APPROPRIATION - 
MUSEUM OF ART 

FOR the purpose of providing a supplementary General Fund Capital 
appropriation in the amount of $280,000 to the Museum of Art 
(Account No. 9942-488-009) for Roof Repairs. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

L- WHEREAS, The money appropriated herein represents funding 

^^ " from Private Refuse Disposal Tipping Fees in excess of the amount 

I from this source estimated and relied upon by the Board of 

Estimates in determining the tax levy required to balance the 
budget for the 1990 fiscal year, and said money is therefore 
available for appropriation to the Museum of Art (Account No. 
9942-488-009) pursuant to the provisions of Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

c ^ V7HEREAS, The additional sum here appropriated is from 

ictt I sources which could not be expected with reasonable certainty at 

the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2 (h) (3) of said Charter; 
and 

WHEREAS, This supplementary General Fund Capital 
v^ '^ appropriation has been recommended to the City Council by the 

r^ ^* Board of Estimates at a regular meeting of the Board held on the 

l^'Z I 16th day of May, 1990, all in accordance with Article VI, Section 

(^•^ ,. 2(h)(3) of the Baltimore City Charter (1964 Revision, as 

r^^ amended) ; now, therefore 

^ *' SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

^^ '• BALTIMORE, That under the provisions of Article VI, Section 

^ 2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 

tC^ iL the sum of $280,000 shall be made available to the Museum of Art 

12^ ^ (Account No. 9942-488-009) as a supplementary General Fund 

Capital appropriation for the fiscal year ending June 30, 1990, 
for Roof Repair which could not reasonably be anticipated at the 

372 



Ord. No. 563 



time of the formulation of the proposed Fiscal 1990 Ordinance of 
Estimates. The amount thus made available as a supplementary 
General Fund Capital appropriation shall be provided by Private 
Refuse Disposal Tipping Fees in excess of the amount from this 
source which was estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1990 fiscal year; and said funds from said Private 
Refuse Disposal Tipping Fees shall be the source of revenue for 
this supplementary General Fund Capital appropriation as required 
by Article VI, Section 2 (h)(3) of the Baltimore City Charter 
(1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE --^, 

ORDINANCE NO. 563 '- 

(Council Bill No. 1022) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION - 
ART AND CULTURE 

FOR the purpose of providing a supplementary Special Fund 

Operating appropriation in the amount of $11,2 00 to Art and 
Culture (Program 4 92 - Promotion of Art and Culture) to 
provide additional operating expenses for School 33 Art 
Center. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

V7HEREAS, The money appropriated herein represents a State 
grant in excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1990 fiscal year, and said 
money is therefore available for appropriation to Art and Culture 
pursuant to the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision, as amended) ; and .--^J 

WHEREAS, The additional sum here appropriated is from 

373 



Ord. No. 564 

sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2 (h)(2) of said Charter; 
and 

WHEREAS, This supplementary Special Fund Operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
16th day of May, 1990, all in accordance with Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2"(h) (2) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $11,200 shall be made available to Art and Culture 
(Program 492 - Promotion for Art and Culture) as a supplementary 
Special Fund Operating appropriation for the fiscal year ending 
June 30, 1990, for the purpose of providing additional operating 
expenses for School 3 3 Art Center which could not reasonably be 
1^' anticipated at the time of the formulation of the proposed Fiscal 

r 1990 Ordinance of Estimates. The amount thus made available as 

a supplementary Special Fund Operating appropriation shall be 
^ expended from a State grant in excess of the amount from this 

source which was estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1990 fiscal year; and said funds from said State 
m^ -> i^ grant shall be the source of revenue for this supplementary 

^— '"• Special Fund Operating appropriation as required by Article VI, 

Q- -- Section 2 (h) (2) of the Baltimore City Charter (1964 Revision, as 

^'Z amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 
O KURT L. SCHMOKE, Mayor 



i:< 



00 ■ 

**•> u AN ORDINANCE concerning 



g' 



CITY OF BALTIMORE 

ORDINANCE NO. 564 

(Council Bill No. 1023) 



SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - , 
BALTIMORE CITY PUBLIC SCHOOLS I 



374 



L 



Ord. No. 564 



FOR the purpose of providing a supplementary General Fund 

Operating appropriation in the amount of $3,100,000 to the 
Baltimore City Public Schools (Program 725 - General Fund 
Support) to provide Local Share Contribution Increase to 
Baltimore City Public Schools. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding 
from Income Taxes in excess of the amount from this source 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Baltimore City Public Schools (Program 725 - 
General Fund Support) pursuant to the provisions of Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

WHEREAS, The additional sum here appropriated is from 
sources which could not reasonably be expected at the time of the 
formulation of the current Ordinance of Estimates in accordance 
with Article VI, Section 2 (h) (3) of said Charter; and 

WHEREAS, This supplementary General Fund Operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
16th day of May, 1990, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $3,100,000 shall be made available to the Baltimore 
City Public Schools as a supplementary General Fund Operating 
appropriation for the fiscal year ending June 30, 1990, to 
provide Local Share Contribution Increase to Baltimore City 
Public Schools which could not reasonably be anticipated at the 
time of the formulation of the proposed Fiscal 1990 Ordinance of 
Estimates. The amount thus made available as a supplementary 
General Fund Operating appropriation shall be provided by Income 
Taxes in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said Income Taxes shall be 
the source of revenue for this supplementary General Fund 



375 






Ord. No. 565 



Operating appropriation as required by Article VI, Section 2 
(h)(3) of the Baltimore City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 565 

(Council Bill No. 1024) 

AN ORDINANCE concerning 

SUPPLEMENTARY EDUCATION FUND OPERATING APPROPRIATION - 
BALTIMORE CITY PUBLIC SCHOOLS 

FOR the purpose of providing a supplementary Education Fund 

Operating appropriation in the amount of $3,100,000 to the 
Baltimore City Public Schools (Program 743 - General 
Instruction) to provide additional operating expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding 
from General Fund Support in excess of the amount from this 
source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Baltimore City Public Schools (Program 743 - 
General Instruction) pursuant to the provisions of Article VI, 
Section 2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2 (h)(3) of said Charter; 
and 

WHEREAS, This supplementary Education Fund Operating 

appropriation has been recommended to the City Council by the 

Board of Estimates at a regular meeting of the Board held on the 

16th day of May, 1990, all in accordance with Article VI, Section 

376 



Ord. No. 566 



2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR T^D CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $3,100,000 shall be made available to the Baltimore 
City Public Schools as a supplementary Education Fund Operating 
appropriation for the fiscal year ending June 30, 1990 to provide 
additional operating expenses to Baltimore City Public Schools 
which could not reasonably be anticipated at the time of the 
formulation of the proposed Fiscal 1990 Ordinance of Estimates. 
The amount thus made available as a supplementary Education Fund 
Operating appropriation shall be provided by General Fund Support 
in excess of the amount from this source which was estimated and 
relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1990 fiscal year; and said 
funds from said General Fund Support shall be the source of 
revenue for this supplementary Education Fund Operating 
appropriation as required by Article VI, Section 2 (h)(3) of the 
Baltimore City Charter (1964 Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 566 

(Council Bill No. 1025) 

AN ORDINANCE concerning 

SUPPLEMENTARY MOTOR VEHICLE FUND OPERATING APPROPRIATION - 
BALTIMORE CITY PUBLIC SCHOOLS 

FOR the purpose of providing a supplementary Motor Vehicle Fund 
Operating appropriation in the amount of $3 50,000 to the 
Baltimore City Public Schools (Program 764 - Transportation) 
to provide additional operating expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 



377 



''ct ; 


(.J 


fcf 




(.-) ■ 


0:1 


Uj 'i 


i> '^ 


**-«• 


^'i 


^d". 



Ord. No. 566 



WHEREAS, The money appropriated herein represents Earnings 
on Investments in excess of the amount from this source estimated 
and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1990 fiscal year, and 
said money is therefore available for appropriation to the 
Baltimore City Public Schools (Program 764 - Transportation) 
pursuant to the provisions of Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2 (h)(3) of said Charter; 
and 

WHEREAS, This supplementary Motor Vehicle Fund Operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
16th day of May, 1990, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $350,000 shall be made available to the Baltimore City 
Public Schools (Program 764 - Transportation) as a supplementary 
Motor Vehicle Fund Operating appropriation for the fiscal year 
ending June 30, 1990, to provide additional operating expenses 
which could not reasonably be anticipated at the time of the 
formulation of the proposed Fiscal 1990 Ordinance of Estimates. 
The amount thus made available as a supplementary Motor Vehicle 
Fund Operating appropriation shall be provided by Earnings on 
Investments in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said Earnings on 
Investments shall be the source of revenue for this supplementary 
Motor Vehicle Fund Operating appropriation as required by Article 
VI, Section 2 (h)(3) of the Baltimore City Charter (1964 
Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



378 



L 



Ord. No. 567 



CITY OF BALTIMORE 

ORDINANCE NO. 567 

(Council Bill No. 1026) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND CAPITAL APPROPRIATION - 
I BALTIMORE CITY JAIL 

FOR the purpose of providing a supplementary General Fund Capital 
appropriation in the amount of $240,000 to the Baltimore 
City Jail (Account No. 9924-291-073) for renovations at the 
Women's Detention Center. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding 
from Private Refuse Disposal Tipping Fees ($70,000) and Energy 
Taxes/Electricity ($170,000) in excess of the amount from these 
sources estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Baltimore City Jail (Account No. 9924-291- 
073) pursuant to the provisions of Article VI, Section 2(h)(3) of 
the Baltimore City Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from 
sources which could not reasonably be expected at the time of the 
formulation of the current Ordinance of Estimates in accordance 
with Article VI, Section 2 (h) (3) of said Charter; and 

WHEREAS, This supplementary General Fund Capital 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
16th day of May, 1990, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $240,000 shall be made available to the Baltimore City 
Jail (Account No. 9924-291-073) as a supplementary General Fund 
Capital appropriation for the fiscal year ending June 30, 1990, 
for renovations to the Women's Detention Center which could not 



379 



t< 



«* 



7Z 



L 



Ord. No. 568 



reasonably be anticipated at the time of the formulation of the 
proposed Fiscal 1990 Ordinance of Estimates. The amount thus 
made available as a supplementary General Fund Capital 
appropriation shall be provided by Private Refuse Disposal 
Tipping Fees ($70,000) and Energy Taxes/Electricity ($170,000) in 
excess of the amount from these sources which was estimated and 
relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1990 fiscal year; and said 
funds from said Private Refuse Disposal Tipping Fees ($70,000) 
and Energy Taxes/Electricity ($170,000) shall be the source of 
revenue for this supplementary General Fund Capital appropriation 
as required by Article VI, Section 2 (h)(3) of the Baltimore City 
Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall ta)<.e effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



L. CITY OF BALTIMORE 

ORDINANCE NO. 568 

(Council Bill No. 1027) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
BALTIMORE CITY JAIL 

FOR the purpose of providing a supplementary General Fund 

Operating appropriation in the amount of $3,400,000 to the 
Baltimore City Jail (Program 290 - Care and Custody of 
Prisoners) to be used for additional operating expenses. 



By authority of 

Article VI - Board of Estimates 

Section 2 (h) (3) 

Baltimore City Charter (1964 Revision, as amended) 



Q-* . WHEREAS, The money appropriated herein represents funding 

1^"", i[ from Hotel Tax ($700,000); Care of Prisoners/State ($400,000); 

Income Tax ($830,000); Forfeitures Drug/Contraband ($500,000); 
Beverage Container Tax ($800,000); and Energy Taxes/Electricity 
($170,000) in excess of the amount from these sources estimated 
and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1990 fiscal year, and 
said money is therefore available for appropriation to the 

380 



Ord. No. 568 



Baltimore City Jail (Program 290- Care and Custody of Prisoners) 
pursuant to the provisions of Article VI, Section 2(h)(3) of the 
Baltimore City Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2 (h)(3) of said Charter; 
and 

WHEREAS, This supplementary General Fund Operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
16th day of May, 1990, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $3,400,000 shall be made available to the Baltimore 
City Jail as a supplementary General Fund Operating appropriation 
for the fiscal year ending June 30, 1990 to provide additional 
operating expenses to Baltimore City Jail which could not 
reasonably be anticipated at the time of the formulation of the 
proposed Fiscal 1990 Ordinance of Estimates. The amount thus 
made available as a supplementary General Fund Operating 
appropriation shall be provided by Hotel Tax ($700,000); Care of 
Prisoners/State ($400,000); Income Tax ($830,000); Forfeitures 
Drug/ Contraband ($500,000); Beverage Container Tax ($800,000); 
and Energy Taxes/Electricity ($170,000) in excess of the amount 
from these sources which was estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1990 fiscal year; and said funds from 
said Hotel Tax ($700,000); Care of Prisoners/State ($400,000); 
Income Tax ($830,000); Forfeitures Drug/ Contraband ($500,000); 
Beverage Container Tax ($800,000); and Energy Taxes/Electricity 
($170,000) shall be the sources of revenue for this supplementary 
General Fund Operating appropriation as required by Article VI, 
Section 2 (h) (3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



•-^ 



381 



•\ 



Ord. No. 569 

CITY OF BALTIMORE 

ORDINANCE NO. 569 

(Council Bill No. 1028) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
MAYORALTY -RELATED 

FOR the purpose of providing a supplementary General Fund 
Operating appropriation in the amount of $580,000 to 
Mayoralty-Related (Program 122 - Miscellaneous General 
Expenses) to provide for Retired Employees Health Care. 

By authority of 

Article VI - Board of Estimates 

Section 2 (h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

w- WHEREAS, The money appropriated herein represents funding 

from Energy Taxes-Electricity in excess of the amount from this 
source estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year, and said money is therefore available for 
appropriation to the Mayoralty-Related (Program 122 - 
Miscellaneous General Expenses) pursuant to the provisions of 
Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 
Revision, as amended) ; and 

« . WHEREAS, The additional sum here appropriated is from 

ti* ,' sources which could not be expected with reasonable certainty at 

the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2 (h)(3) of said Charter; 
and 

WHEREAS, This supplementary General Fund Operating 
S^ . appropriation has been recommended to the City Council by the 

L^ '* Board of Estimates at a regular meeting of the Board held on the 

—^ '•■■ 16th day of May, 1990, all in accordance with Article VI, Section 

0"^ . 2(h)(3) of the Baltimore City Charter (1964 Revision, as 

Q-^ . amended) ; now, therefore 

tj^ \ SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

^ '" BALTIMORE, That under the provisions of Article VI, Section 

ILJ 2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 

^— \* the sum of $580,000 shall be made available to the Mayoralty- 

* Related (Program 122 - Miscellaneous General Expenses) as a 

supplementary General Fund Operating appropriation for the fiscal 

382 



Ord. No. 570 



year ending June 30, 1990 to provide Retired Employees Health 
Care which could not reasonably be anticipated at the time of the 
formulation of the proposed Fiscal 1990 Ordinance of Estimates. 
The amount thus made available as a supplementary General Fund 
Operating appropriation shall be provided by Energy Taxes- 
Electricity in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said Energy Taxes- 
Electricity shall be the source of revenue for this supplementary 
General Fund Operating appropriation as required by Article VI, 
Section 2 (h) (3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 19 9 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 57 

(Council Bill No. 1029) 

AN ORDINANCE concerning 

SUPPLEMENTARY MOTOR VEHICLE FUND OPERATING APPROPRIATION - 
MAYORALTY -RELATED 

FOR the purpose of providing a supplementary Motor Vehicle Fund 
Operating appropriation in the amount of $575,000 to the 
Mayoralty-Related (Program 123 - Debt Service) to provide 
additional debt service payments. 

By authority of 

Article VI - Board of Estimates ■ 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents Earnings 
on Investments in excess of the amount from this source estimated 
and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1990 fiscal year, and 
said money is therefore available for appropriation to the 
Mayoralty-Related (Program 123 - Debt Service) pursuant to the 
provisions of Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision, as amended) ; and 



383 



o 

L 






i:< 



Ord. No. 571 



WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2 (h) (3) of said Charter; 
and 

WHEREAS, This supplementary Motor Vehicle Fund Operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
16th day of May, 1990, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $575,000 shall be made available to the Mayoralty- 
Related (Program 123 - Debt Service) as a supplementary Motor 
Vehicle Fund Operating appropriation for the fiscal year ending 
June 30, 1990 to provide additional debt service payments which 
could not reasonably be anticipated at the time of the 
formulation of the proposed Fiscal 1990 Ordinance of Estimates. 
The amount thus made available as a supplementary Motor Vehicle 
Fund Operating appropriation shall be provided by Earnings on 
Investments in excess of the amount from this source which was 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said Earnings on 
Investments shall be the source of revenue for this supplementary 
Motor Vehicle Fund Operating appropriation as required by Article 
VI, Section 2 (h)(3) of the Baltimore City Charter (1964 
Revision, as amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L-. SCHMOKE, Mayor 



CITY OF BALTIMORE 



0*;) .. 

D:^ - ORDINANCE NO. 571 

bj •: 

•^.^ ,; (Council Bill No. 1030) 

•^» AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION 
FIRE DEPARTMENT 

384 



Ord. No. 571 



FOR the purpose of providing a supplementary Special Fund 

Operating appropriation in the amount of $70,000 to the Fire 
Department (Program 212 - Fire Suppression) for the purchase 
of a Fire Boat. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (2) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents a State 
grant in excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1990 fiscal year, and said 
money is therefore available for appropriation to the Fire 
Department pursuant to the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2 (h) (2) of said Charter; 
and 

WHEREAS, This supplementary Special Fund Operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
16th day of May, 1990, all in accordance with Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(2) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $70,000 shall be made available to the Fire Department 
(Program 212 - Fire Suppression) as a supplementary Special Fund 
Operating appropriation for the fiscal year ending June 30, 1990, 
for the purchase of a Fire Boat which could not reasonably be 
anticipated at the time of the formulation of the proposed Fiscal 
1990 Ordinance of Estimates. The amount thus made available as 
a supplementary Special Fund Operating appropriation shall be 
expended from a State grant in excess of the amount from this 
source which was estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance the 
budget for the 1990 fiscal year; and said funds from said State 
grant shall be the source of revenue for this supplementary 
Special Fund Operating appropriation as required by Article VI, 
Section 2 (h) (2) of the Baltimore City Charter (1964 Revision, as 
amended) . 



385 



c 



::d 



Ord. No. 572 



SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 572 

(Council Bill No. 1031) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND OPERATING APPROPRIATION - 
FIRE DEPARTMENT 

FOR the purpose of providing a supplementary Special Fund 

Operating appropriation in the amount of $580,000 to the 
Fire Department (Program 319 - Ambulance Service) for 
*; additional operating expenses. 

r-s 

By authority of 

Article VI - Board of Estimates 

Section 2 (h) (1) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents Ambulance 
Service fees in excess of the amount from this source estimated 
and relied upon by the Board of Estimates in determining the tax 
* ^ . ■ levy required to balance the budget for the 1990 fiscal year, and 
^~ «' said money is therefore available for appropriation to the Fire 

Department pursuant to the provisions of Article VI, Section 
2(h)(1) of the Baltimore City Charter (1964 Revision, as 
amended) ; and 

;, WHEREAS, The additional sum here appropriated is from 

^^ ,' sources which became available for expenditure by the Municipal 

^'— ' Agency responsible for the production of such revenues in 

••- " accordance with Article VI, Section 2 (h) (1) of said Charter; and 

CO . 

0^ • WHEREAS, This supplementary Special Fund Operating 

[jj ^ appropriation has been recommended to the City Council by the 

V^ (*■ Board of Estimates at a regular meeting of the Board held on the 

Z^ 16th day of May, 1990, all in accordance with Article VI, Section 

^ 2(h)(1) of the Baltimore City Charter (1964 Revision, as 

.^ i' amended) ; now, therefore 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 



386 



Ord. No. 573 



BALTIMORE, That under the provisions of Article VI, Section 
2(h)(1) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $580,000 shall be made available to the Fire 
Department (Program 319 - Ambulance Service) as a supplementary 
Special Fund Operating appropriation for the fiscal year ending 
June 30, 1990, for the purchase of additional operating expenses 
which could not reasonably be anticipated at the time of the 
formulation of the proposed Fiscal 1990 Ordinance of Estimates. 
The amount thus made available as a supplementary Special Fund 
Operating appropriation shall be expended from Ambulance Service 
fees in excess of the amount from this source which was estimated 
and relied upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1990 fiscal year; and 
said funds from said Ambulance Service fees shall be the source 
of revenue for this supplementary Special Fund Operating 
appropriation as required by Article VI, Section 2 (h)(1) of the 
Baltimore City Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 26, 199 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 573 

(Council Bill No. 1032) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
DEPARTMENT OF PUBLIC WORKS 

FOR the purpose of providing a supplementary General Fund 

Operating appropriation in the amount of $160,000 to the 
Department of Public Works (Program 196 - Special Services) 
to provide additional operating expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding 
from Private Refuse Disposal Tipping Fees in excess of the amount 
from this source estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance the 



387 



Ord. No. 574 

budget for the 1990 fiscal year, and said money is therefore 
available for appropriation to the Department of Public Works 
(Program 196 - Special Services) pursuant to the provisions of 
Article VI, Section 2(h)(3) of the Baltimore City Charter (1964 
Revision, as amended) ; and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2 (h) (3) of said Charter; 
and 

WHEREAS, This supplementary General Fund Operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
16th day of May, 1990, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) ; now, therefore 

^,. SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 

'"' BALTIMORE, That under the provisions of Article VI, Section 

*; 2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 

^\ ". the sum of $160,000 shall be made available to the Department of 

! Public Works (Program 196 - Special Services) as a supplementary 

Motor Vehicle Fund Operating appropriation for the fiscal year 
ending June 30, 1990 to provide additional operating expenses 
which could not reasonably be anticipated at the time of the 
formulation of the proposed Fiscal 1990 Ordinance of Estimates. 
The amount thus made available as a supplementary General Fund 
Operating appropriation shall be provided by Private Refuse 
Disposal Tipping Fees in excess of the amount from this source 
' ^ • which was estimated or relied upon by the Board of Estimates in 

^- r determining the tax levy required to balance the budget for the 

1990 fiscal year; and said funds from said Private Refuse 
Disposal Tipping Fees shall be the source of revenue for this 
supplementary General Fund Operating appropriation as required by 
Article VI, Section 2 (h)(3) of the Baltimore City Charter (1964 
Revision, as amended) . 

h- , SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 

"'- • shall take effect on the date of its enactment. 

1-) ■ 

Q^ ' Approved June 26, 1990 

^j C KURT L. SCHMOKE, Mayor 

::> c 

•r» CITY OF BALTIMORE 

ORDINANCE NO. 57 4 

(Council Bill No. 1033) 

388 



Ord. No. 574 



AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND OPERATING APPROPRIATION - 
URBAN SERVICES 

FOR the purpose of providing a supplementary General Fund 

Operating appropriation in the amount of $240,000 to the 
Urban Services (Program 172 - Neighborhood Organization) to 
provide additional operating expenses. 

By authority of 

Article VI - Board of Estimates 

Section 2(h) (3) 

Baltimore City Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents funding 
from the Day Care Service Fees Beverage Container Tax in excess 
of the amount from this source estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1990 fiscal year, and said money is 
therefore available for appropriation to the Urban Services 
(Program 172 - Neighborhood Organization) pursuant to the 
provisions of Article VI, Section 2(h)(3) of the Baltimore City 
Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is from 
sources which could not be expected with reasonable certainty at 
the time of the formulation of the current Ordinance of Estimates 
in accordance with Article VI, Section 2(h)(3) of said Charter; 
and 

WHEREAS, This supplementary General Fund Operating 
appropriation has been recommended to the City Council by the 
Board of Estimates at a regular meeting of the Board held on the 
16th day of May, 1990, all in accordance with Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That under the provisions of Article VI, Section 
2(h)(3) of the 1964 Revision of the Charter of Baltimore City, 
the sum of $240,000 shall be made available to Urban Services 
(Program 172 - Neighborhood Organization) as a supplementary 
General Fund Operating appropriation for the fiscal year ending 
June 30, 1990 to provide additional operating expenses which 
could not reasonably be anticipated at the time of formulation of 
the proposed Fiscal 1990 Ordinance of Estimates. The amount thus 
made available as a supplementary General Fund Operating 
appropriation shall be provided by Day Care Service Fcea the 
Beverage Container Tax in excess of the amount from this source 



389 



^ 



::> ^ 



i^' y 



Ord. No. 575 



which was estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget for the 
1990 fiscal year; and said funds from said Beverage Container Tax 
shall be the source of revenue for this supplementary General 
Fund Operating appropriation as required by Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision, as 
amended) . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall ta)ce effect on the date of its enactment. 

Approved June 26, 1990 

KURT L. SCHMOKE, Mayor 



CORRECTED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 57 5 

i*; (Council Bill No. 1043) 

t AN ORDINANCE concerning 

ZONING CODE - PRIVATE CLUBS AND LODGES 

FOR the purpose of rewoving clubo and lodgco from the list of 

permitt e d us es in th e B - 2, — B - 3 , — B- 4 , — and B- 5 Di s trict s , — aftd 
adding privat e clubs and lodg e s to th e li s t of conditional 
uoeo requiring authorisation of the Board of Municipal and 
■ ^ . Zoning Appeals in the B 2, B 3, B 4 and B 5 Diotricto. 



FOR the purpose of adding private, non-profit clubs and lodges to 
the list of conditional uses in the B-1 District and to the 
lists of permitted uses in the B-2 through B-5 Districts; 
removing dance halls from the list of permitted uses in the 
B-4 and B-5 Districts and adding them to the lists of 
conditional uses in the B-4 and B-5 Districts; and amending 
certain definitions. 



CO * BY repealing 

Q^ ... Article 30 - Zoning 

[jj <•■ Section 6.2-lb-19 

Baltimore City Code (1983 Replacement Volume, as amended) 
BY adding 
> Article 30 - Zoning 

Section 6.2-2c-ll, 6.3-lc-ll, 6.4-1C-3 

Baltimore City Code (1983 Replacement Volume, as amended) 



390 



Ord. No. 575 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 30 - ZONING 

Chapter 6 Business Districts 

6.1 B-1 Neighborhood Business District. 

1. Use regulations. 

c. Conditional uses 

2. PRIVATE clubs and lodges. NON-PROFIT 

6.2 B-2 Community Business District. 

1. Use regulations. 

b. Permitted Uses. 

fl9. PRIVATE Clubs and lodges . NON-PROFIT S 

c. Conditional Uses. 

11. PRIVATE CLUBS AND LODGES 

6.3 B-3 Community Commercial District. 

1. Use regulations. 

c. Conditional uses. 

11. After hours establishments [othor than] AND 
private elubo A>JD LODGEC 

6.4 B-4 Central Business District. 

1. Use regulations. 

b. Permitted uses 

[25. DancG ilalla] 

c. Conditional uses. 

3. After hours establishments, [other than] A>JD 

private elubo A>tD LODGEC 

4. Dance Halls 

391 



Ord. No. 576 

6.5 B-5 Central Commercial Districts 

c. Conditional uses 

5. Dance Halls 

Chapter 13 - Rules and Definitions 

13.0-2 Definitions. 

3a. After hours establishments: Any banquet hall, dance 
hall, meeting hall, PRIVATE CLUB OR LODGE, or other similar place 
which remains open after 2 a.m. on any day. 

18. [Club or Lodge: a structure used by an association of 
persons who are bona fide members paying annual dues and where 
the facilities are xestricted to members and their guests. When 
in compliance with all applicable laws and regulations, food and 
alcoholic beverages may be served on its premises, provided they 
are accessory and incidental to the principal use.] 

c • 

L. 62. Non-profit: [a type of activity conducted exclusively 

^^ — for the purpose of providing the community or its members with a 

service or facility,] ANY ASSOCIATION OR CORPORATION, WHICH IS 
ORGANIZED AND OPERATED EXCLUSIVELY FOR EDUCATIONAL, SOCIAL, 
FRATERNAL, PATRIOTIC, POLITICAL, ATHLETIC OR CHARITABLE PURPOSES 
with no part of its net income inuring to the benefit of any 
shareholder or individual. 

69a. Private club or LODGE: ANY STRUCTURE WHICH ACCOMMODATE 
AN [Any] association or corporation which excludes the general 
I _ public from its premises or place of meeting, which is organized 

t^ f with officers and directors, which has a limited membership 

elected pursuant to articles or bylaws and where the club 
property is owned in common. An establishment which permits 
anyone coming off the street to pay a temporary membership fee at 
the door in order to enter and use the premises shall not be 
considered a private club. 

LI ^* SEC. 2. AND BE IT FURTHER ORDAINED, that this ordinance 

H^ I. shall take effect on the 30th day after dav of its enactment. 

Q-# ^ Approved June 26, 1990 






KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 57 6 

(Council Bill No. 529) 

392 



Ord. No. 576 

AN ORDINANCE concerning 

STREET TREES 

FOR the purpose of requiring the replacement of removed or 

destroyed street trees and increasing the penalties for 

injuring street trees. 
BY adding 

Article 26 - Streets and Highways 

Subtitle - "Trees" 

Section - 104A 

Baltimore City Code (1983 Replacement Volume, as amended) 

BY repealing and reordaining with amendments 
Article 26 - Streets and Highways 
Subtitle "Trees" 
Section 106 . Ill 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 26 - STREETS AND HIGHWAYS 

Trees 

104A. REPLACEMENT OF TREES. 

ANY PERSON DETERMINED BY THE DUTERINTEHDEWT OF PARKC A COURT 
OF COMPETENT JURISDICTION TO HAVE UNLAWFULLY REMOVED OR DESTROYED 
A TREE IN ANY STREET, LANE OR ALLEY SHALL BE AND REQUIRED TO 
REPLACE THE TREE AS DIRECTED BY THE CUPERINTENDENT A}JD SUCH COURT 
SHALL BE GRANTED A PERMIT FOR ITS REPLACEMENT AS PROVIDED IN 
SECTION 103. 

106. Penalties for damage. 

If any person or persons shall willfully break, pull down, 
hurt or destroy any tree or trees, or enclosure around the same, 
which are now or may hereafter be planted in any of the streets, 
lanes or alleys of the City, or in any other public grounds 
within the City such person or persons shall be subject to a 
penalty of Tfiftv dollaro (050.00)1 5 00.00 fog every aueh 
offcnoG AS PROVIDED IN SEC. Ill OF THIS SUBTITLE AND MAY BE 
REQUIRED TO REPLACE ANY SUCH TREE OR TREES OR ENCLOSURE AROUND 
THE SAME ; provided always, that noting herein contained shall be 
so construed as to prevent the Superintendent of Parks from 



393 



Ord. No. 577 



removing any tree or trees, or part thereof, which he may deem so 
situated or in such condition as to render same unsafe or as to 
obstruct the footways or roadways. 

111. Penalty Provisions. 

Any person violating any of the provisions of Sections 103- 
107 rand 1061 of this Article shall be subject to a penalty of 
not less than twenty-five dollars fS25.00) nor more than Tone 
hundred dollars ($100.00.1 FIVE HUNDRED DOLLARS (3500.00). in the 
discretion of the Court. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 



Approved June 27, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 577 






bj < 



(Council Bill No. 754) 

AN ORDINANCE concerning 

FRANCHISE - CENTRAL LIGHT RAIL SYSTEM 

FOR the purpose of granting franchise rights to the Mass Transit 
Administration of the Department of Transportation of the 
State of Maryland for the location, construction, operation 
and maintenance in good condition of a Central Light Rail 
System within the boundaries of the City of Baltimore, and 
setting the terms, conditions, and requirements of the Mayor 
and City Council pertaining to such location, construction, 
operation and maintenance in good condition, and authorizing 
the Mass Transit Administration to make use of streets and 
other public areas within the City of Baltimore for these 
purposes, in accordance with the plat thereof, as prepared 
by the Mass Transit Administration of the Department of 
Transportation of the State of Maryland and dated Mav 9 . 
1990 and filed in the Department of Transportation of the 
City of Baltimore on the 13th day of June . 1990 . and now on 
file in said office. 

WHEREAS, Pursuant to the Transportation Article of the 
Annotated Code of Maryland (1977 Replacement Volume and 1989 
Supplement) , the Mass Transit Administration of the Department of 
Transportation of the State of Maryland is authorized to plan, 

394 



L 



Ord. No. 577 



design, develop, finance, operate and maintain a Central Light 
Rail System serving the Baltimore Metropolitan Area; and 

WHEREAS, The planned Central Light Rail System lies 
partially within the boundaries of the City of Baltimore; and 

WHEREAS, Section 7-701 of the aforesaid Transportation 
Article requires the Mass Transit Administration to comply with 
all laws, ordinances, and regulations of the City of Baltimore 
with respect to zoning, signs, and buildings, with respect to 
traffic control and regulation, and with respect to the use of 
streets, highways, and all other vehicular facilities, in 
connection with portions of the aforesaid Baltimore Central Light 
Rail System, and further provides that said Administration may 
not locate, construct and maintain any of its transit and related 
facilities in, upon, over, under or across any highways, streets, 
lanes, alleys, land under water, waterfront, public landings, 
wharf property, wharves and docks, parks, and sidewalks of the 
City of Baltimore without the consent of, and except upon the 
terms and conditions required by the Mayor and City Council of 
the City of Baltimore; and 

WHEREAS, The Mayor and City Council of Baltimore, a 
municipal corporation of the State of Maryland, and the Maryland 
Department of Transportation, acting by and through. its Mass 
Transit Administration, have further entered into a General 
Agreement for the Central Light Rail System, dated May 9. 1990 . 
which establishes general guidelines and formal working 
relationships between the Mass Transit Admi-nistration and the 
Mayor and City Council of Baltimore with respect to design review 
and coordination, acquisition and relocation of properties and 
businesses, coordination of disposition programs, the issuance of 
permits for construction on both public and private property, 
coordination of construction and the maintenance of traffic 
during construction, pursuant to City of Baltimore laws and 
ordinances, in order that the Central Light Rail System may be 
designed and accommodated within the City of Baltimore; and 

WHEREAS, The Mass Transit Administration has requested from 
the Mayor and City Council of Baltimore franchise rights for the 
construction and operation of the Central Light Rail System 
within the City of Baltimore; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Consent of the said Mayor and City Council is 
hereby given to the Mass Transit Administration of the Department 
of Transportation of the State of Maryland for the construction 
of the Central Light Rail System within the limits of the City of 
Baltimore, in accordance with the plat thereof as prepared by the 
Mass Transit Administration of the Department of Transportation 



395 



Ord. No. 577 

of the State of Maryland and dated May 9. 1990 . and filed in the 
Department of Transportation of the City of Baltimore on the 13th 
day of June. 1990 . and now on file in said office. The said Mass 
Transit Administration is hereby authorized, within the City of 
Baltimore, to build, locate, construct, maintain in good 
condition and operate by itself, its successors and assigns, a 
Central Light Rail System with one or more tracks, with such 
switches, turnouts, sidings, stations, station public entrances 
and appurtenant facilities, depots, sewers for drainage, shafts 
for ventilation, overhead structures and other appurtenances, as 
it may deem necessary for the proper design, construction, 
operation and maintenance in good condition of said Central Light 
Rail System and the accommodation of the traffic of the same in, 
upon, over, under, or across the highways, streets, lanes, 
alleys, land under water, water front, public landings, wharf 
property, wharves and docks, parks and sidewalks of the City of 
Baltimore (hereinafter sometimes called "Public Property or 
Places"), and to maintain in good condition and repair all such 
structures, tracks, stations, station public entrances and 
appurtenances herein above mentioned at the sole cost and expense 
(^w of the Mass Transit Administration of the Department of 

1^. Transportation of the State of Maryland. The said Mass Transit 

Administration of the Department of Transportation of the State 
of Maryland, its successors and assigns, shall comply with at all 
times all the ordinances of the City of Baltimore providing for 
condemnation, construction, maintenance and repair of all 
facilities, both public and private, within such public property 



•-J C and places; and 

r- - . 



t 



Providing always that the said Mass Transit Administration 
shall not in any manner injure or displace any structure or other 
property of the City of Baltimore on, above, within, or below the 
public right-of-way herein above mentioned without either 
restoring, relocating, replacing, repaving, refilling or 
repairing said structures and property at their entire expense, 
or paying to the City all expenses and costs in connection 
therewith, in accordance with the requirements and provisions of 
the General Agreement between the Mass Transit Administration and 
the City of Baltimore for the Central Light Rail System, dated 
May 9, 1990; 



^-N Provided also, that the said Mass Transit Administration 

r,ji shall promptly and at its own expense, repave in good order and 

*"- .' make appropriate and necessary surface restoration of each such 

^-i '^ public property or place as the Mass Transit Administration may 

^> 's . find it necessary to dig, impair or unpave for the purpose of 

^^^^^ constructing or maintaining the aforesaid Central Light Rail 

c* r^, transit facilities; and 

■^ ■' Provided further, that if the said Mass Transit 

396 



Ord. No. 577 



Administration shall omit or neglect to repair or repave or make 
such appropriate and necessary surface restoration of any such 
public property or place, or any part thereof, as aforesaid, 
within a reasonable space of time after completion of its 
necessary construction activities, as provided for by the 
Commissioner of the Department of Transportation of the City of 
Baltimore in his notice, the said Mass Transit Administration 
shall, for each such omission, or neglect, forfeit and pay to the 
use of the City of Baltimore such sum as the Commissioner of the 
Department of Transportation shall adjudge to be reasonable and 
proper under the circumstances, subject to a review on the record 
by a court of competent jurisdiction. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the refilling, 
repairing, repaving, replacing, relocating, and restoring 
required to be done by the provisions of the preceding section, 
shall be subject to the approval of the Commissioner of the 
Department of Transportation of the City of Baltimore, or his 
duly authorized representative, and if, through omission or 
neglect, or any cause, an emergency condition shall arise or 
obtain, which, in the judgment of said Commissioner, jeopardizes 
the health, welfare, or safety of the community, the Commissioner 
may cause such repairing, repaving, replacing, relocating, and 
restoring to be done so as to end the emergency condition: 

Provided further, that said Commissioner may file suit in 
the name of the Mayor and City Council of the City of Baltimore 
against said Mass Transit Administration to recover the expense 
of said repairing, repaving, replacing, relocating, and restoring 
necessitated by said emergency. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the said Mass 
Transit Administration shall, in its construction of the Central 
Light Rail System, provide for, construct, and maintain in good 
condition, public entrance plazas adjacent to and around the 
locations of public entrances to such stations, upon land 
specifically acquired by said Mass Transit Administration for 
such purpose, and including such permanent plaza surface 
treatments, signs and kiosks, seating, decorative planting area 
and landscaping elements, civic or artistic embellishments, and 
lighting as necessary for the functioning of such entrance plazas 
and the enjoyment of the public utilizing them. 

SEC. 4. AND BE IT FURTHER ORDAINED, That wherever private 
entrance connections are to be constructed between private 
properties and structures, whether existing or to be constructed, 
and adjacent Central Light Rail structures, where such private 
connections are to be located and constructed over, across, in, 
or under the public property or places of the City of Baltimore, 
that the location, design and construction of such private 



I 



397 



Ord. No. 578 



entrance connections shall be subject to the approval of the City 
of Baltimore. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the provisions of 
the ordinance are hereby declared to be severable. If any word, 
phrase, clause, sentence, paragraph, section or part in or of 
this ordinance, or the application thereof to any person or 
circumstance, is declared invalid, the remaining provisions and 
the applications of such provisions to other persons or 
circumstances shall not be affected thereby but shall remain in 
full force and effect, the Mayor and City Council hereby 
declaring that they would have ordained the remaining provisions 
of this ordinance without the word, phrase, clause, sentence, 
paragraph, section or part, or the application thereof, so held 
invalid. 






SEC. 6. AND BE IT FURTHER ORDAINED, That when the conditions 
imposed by any provision of this ordinance are either more 
restrictive or less restrictive than comparable conditions 
imposed by any other law, ordinance, resolution, rule, regulation 
or agreement of any kind of the Mayor and City Council of 
Baltimore, the conditions that are more restrictive shall govern. 



SEC. 7. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



Approved June 27, 1990 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 578 






(Council Bill No. 755) 

AN ORDINANCE concerning 

CITY PROPERTY - SALE 

FOR the purpose of authorizing the City Comptroller to dispose of 
certain subsurface and/or other interests, either in fee 
simple, by lease or easement as the case may be, of the 
Mayor and City Council of Council of Baltimore in and to all 
those parcels of land situate within the proposed right of 
way for the State's proposed Central Light Rail Line from 
Hunt Valley to BWI Airport, traversing the City of 
Baltimore, State of Maryland, said land interests being no 
longer needed for exclusive City use but to be used for a 
public transportation purpose by the State. 



398 



Ord. No. 579 



BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Comptroller of Baltimore City be and he is 
hereby authorized to dispose of certain subsurface and/or other 
interests, either in fee simple, by lease or easement as the case 
may be, of the Mayor and City Council of Baltimore in and to 
those parcels of land situate within the proposed right-of-way 
for the State's proposed Central Light Rail Line from Hunt Valley 
to BWI Airport, traversing the City of Baltimore, State of 
Maryland, said land interests being no longer needed for an 
exclusive City use, and being more particularly described and 
depicted on the plats prepared for the Maryland Department of 
Transportation for the State's proposed Central Light Rail Line 
from Hunt Valley to BWI Airport, traversing the City of 
Baltimore, State of Maryland, and which have been or will be 
recorded amongst the Land Records of Baltimore City. 

All courses and distances in the descriptions on said plats 
are referred to the true meridian as adopted by the Baltimore 
Survey Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no deed or deeds 
shall pass in accordance herewith until the same shall have been 
approved by the City Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 579 

(Council Bill No. 778) 

AN ORDINANCE concerning 

COMMISSION ON RESOURCE CONSERVATION AND RECYCLING 

FOR the purpose of creating a Commission on Resource Conservation 
and Recycling and providing for its membership and duties. 

By repealing and reordaining with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 

399 



Ord. No. 579 

Sections 161-164, to be under the amended subtitle 

"Commission on Resource Conservation" 
Baltimore City Code (1983 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Section (s) of the Baltimore City Code (1983 
Replacement Volume, as amended) be added, repealed, or amended, 
to read as follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, AND 
MUNICIPAL AGENCIES 

[Energy Conservation Commission] 

COMMISSION ON RESOURCE CONSERVATION AND RECYCLING 

161. Commission; created; members. 

There is hereby created [an Energy Conservation Commission] A 
COMMISSION ON RESOURCE CONSERVATION AND RECYCLING to consist 
of [eleven] SEVENTEEN members, [ten] SIXTEEN of whom shall be 
^- ^ appointed by the Mayor in the manner prescribed by Section 6 of 

".' Article IV of the Baltimore City Charter (1964 Revision, as 

amended) . The members appointed shall represent the interests of 
utilities, business, community organizations, mass transit and 
petroleum industry, PRIVATE RECYCLING INDUSTRY INDUSTRIES . 
ENVIRONMENTAL GROUPS , LABOR UNIONS, THE MAYOR'S OFFICE, AND 
PERSONS V7H0 HAVE A GENERAL INTEREST IN ENERGY AND RESOURCE 
CONSERVATION. RECYCLING AND WASTE REDUCTION as well as the age, 
sex and race of the city population. The [eleventh] SEVENTEENTH 
•^^ ^ member shall be a member of the City Council appointed to the 

<r~ .- Commission by the President of the Council. 



o 






( 



162. Members; terms. 



r - The terms of each member shall be four years, or until a 

successor qualifies and takes office, except that the respective 

l_ terms of the eleven members first appointed shall be as follows: 

^ ^ Three (3) members shall be appointed for one (1) year; three (3) 

[»« ' members shall be appointed for three (3) years; three (3) members 

■•- '• shall be appointed for three years; two (2) members shall be 

CO "•* appointed for four (4) years and the original term of the City 

Q^ -.- Council member shall expire at the end of his or her elected term 

if] (" in office. THE SIX NEW MEMBERS APPOINTED PURSUANT TO THIS 

•Jr /* ORDINANCE SHALL SERVE A FOUR YEAR TERM TO BEGIN UPON CONFIRMATION 

Z^ ^*' BY THE CITY COUNCIL AND SWEARING IN BY THE MAYOR PURSUANT TO 

r» ARTICLE IV SECTION 6 OF THE CITY CHARTER. The Commission shall 

I^ ^•• appoint one member as its Chairman. 



400 



L 



Ord. No. 579 



163. Members; compensation. 

No member of the Commission shall receive any compensation 
for services, but each member may be reimbursed for necessary and 
proper expenses incurred in the performance of his duties as 
such. 

164. Commission; duties. 

f4r) — To atudy and make rGcommendationa to the Mayor, — to the 
City Council and to appropriat e city ag e ncie s of method s by which 
the City can conacrvG Gncrgy[;3 hHD REDUCE A>JD RECYCLE SOLID 
WASTE ; 

(1) TO STUDY AND MAKE RECOMMENDATIONS TO THE MAYOR. THE CITY 
COUNCIL. AND APPROPRIATE CITY AGENCIES OF METHODS BY WHICH THE 
CITY CAN CONSERVE ENERGY. WATER AND OTHER VITAL RESOURCES AND 
REDUCE AND RECYCLE SOLID WASTE WITHIN CITY GOVERNMENT. ALSO. TO 
MAKE RECOMMENDATIONS OF METHODS BY WHICH THE CITY CAN ESTABLISH 
APPROPRIATE INCENTIVES. STANDARDS AND GOALS FOR THE PURCHASE OF 
PRODUCTS MADE FROM RECYCLED MATERIALS AND TO ENCOURAGE AND ENABLE 
VENDORS TO SELL RECYCLED PRODUCTS TO THE CITY. 

(2) To develop an information and referral system for City 
agencies and the general public related to conservation of 
energy[;], WASTE REDUCTION AND RECYCLING; 

(3) To cooperate with State and Federal energy conservation, 
WASTE REDUCTION AND RECYCLING agencies; 

-H-) — To produce and distribute educational material which 
will inform our GitiEen9 of way s to con s erve energy[;3 — AND REDUCE 
AND RECYCLE SOLID WASTE; 

-(-&^ — To coordinate educational programo which will promote 
energy con3Grvation[ ; ] , WASTE REDUCTION, A>JD RECYCLING; 

-ffr^ — To iwakG rGcommcndationo to the Mayor and to the City 
Council on poaaiblc City legiolation in regard to energy 
con3crvation[ ;3 , WASTE REDUCTION, A>fD RECYCLING; 

(4) TO PRODUCE AND DISTRIBUTE EDUCATIONAL MATERIALS AND 
CREATE EDUCATIONAL PROGRAMS WHICH WILL INFORM CITIZENS. BUSINESS. 
INDUSTRY AND OTHER ORGANIZATIONS OF THE CITY'S RESOURCE 
CONSERVATION. RECYCLING. AND ENERGY CONSERVATION PROGRAMS. LAWS 
AND GOALS; 

(5) TO MAKE RECOMMENDATIONS TO THE MAYOR AND THE CITY 
COUNCIL FOR A PLAN TO EXPAND AND ATTRACT TO THE CITY RECYCLING. 
RESOURCE AND ENERGY CONSERVATION BUSINESSES AND INDUSTRIES; 



401 



fc 



Ord. No. 580 



(6) TO MAKE RECOMMENDATIONS TO THE MAYOR AND THE CITY 
COUNCIL REGARDING CITY. STATE. AND FEDERAL LEGISLATION. AND 
REGIONAL AGREEMENTS CONCERNING: 

A. ENERGY OR RESOURCE CONSERVATION. WASTE REDUCTION. 
RECYCLING. AND THE MARKETING OF RECYCLABLES. 

B. THE DEVELOPMENT OF ENERGY CONSERVATION. RESOURCE 
CONSERVATION. RECYCLING AND WASTE REDUCTION BUSINESSES AND 
INDUSTRY. 

(7) To make a written report to the City Council in January 
of each year summarizing Commission activities of the previous 
year; 

(8) TO REVIEW THE CITY'S WATER AND SEWERAGE PLANS THAT ARE 
REQUIRED BY THE STATE OF MARYLAND; 

(9) TO EXAMINE ALTERNATIVE METHODS OF WASTE REDUCTION, 
RESOURCE CONSERVATION, AND RECYCLING-rj. 

(10) TO MAKE RECOMMENDATIONS TO THE MAYOR AND THE CITY 
COUNCIL REGARDING; 



A. THE NEED FOR AN OFFICE OF RECYCLING; 

B. IMPLEMENTATION OF THE STATE MANDATED RECYCLING PLAN; 
^- ^ C. ESTABLISHMENT OF A PLAN TO MARKET RECYCLED MATERIALS 
)>^ •• UTILIZED BY THE CITY OF BALTIMORE. 

D: - 

~^Z (11) TO PERFORM SUCH OTHER DUTIES AS MAY BE DEEMED NECESSARY 

^:: ». TO CARRY OUT THE CITY'S ENERGY AND RESOURCE CONSERVATION PLANS. 

^i • AND ITS RECYCLING AND WASTE REDUCTION EFFORTS. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 3 0th day after the date of its 

^ enactment. 



I. Approved June 27, 1990 

(^ KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



CO .... 

bj C. ORDINANCE NO. 580 

*^ (Council Bill No. 835) 

•-*. ■ AN ORDINANCE concerning 

CITY STREET - CLOSING A 10 FOOT ALLEY 



402 



Ord. No. 580 



FOR the purpose of condemning and closing a 10 foot alley laid 

out 80 feet south of McComas Street and extending from Race 
Street, Easterly 168 feet to Clarkson Street in accordance 
with a plat thereof numbered 34 6-A-29 prepared by the Survey 
Control Section and filed in the Office of the Department of 
Public Works, on the twentieth (20th) day of September, 
1989. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and close a 10 foot 
alley; the 10 foot alley hereby directed to be condemned for said 
closing described as follows: 

Beginning for the same at the point formed by the 
intersection of the east side of Race Street, 66 feet wide 
and the north side of a 10 foot alley laid out 80 feet south 
of McComas Street, 66 feet wide and running thence binding 
on the north side of said 10 foot alley, Easterly 168 feet, 
to intersect the west side of Clarkson Street, 40 feet wide; 
thence binding on the west side of said Clarkson Street, 
Southerly 10 feet, to the south side of said 10 foot alley; 
thence binding on the south side of sid 10 foot alley, 
Westerly 168 feet, to intersect the east side of said Race 
Street and thence binding on the east side of said Race 
Street, Northerly 210 feet, to the place of beginning. 

The said 10 foot alley as directed to be condemned being 
more particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a Plat numbered 346-A-29 which was filed in the 
Office of the Department of Public Works on the twentieth 
(20th) day of September in the year 1989 and is now on file 
in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances now owned 
by the Mayor and City Council of Baltimore shall be and continue 
to be the property of the Mayor and City Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 



403 






Ord. No. 580 

therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council 
of Baltimore and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind and 
nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances over which said buildings 
or structures are proposed to be constructed or erected shall 
have been abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction of the 
Director of Public Works of Baltimore City and at the expense of 
the person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

p'^ SEC. 4. AND BE IT FURTHER ORDAINED, That on and after the 

^'^ closing of said highway or highways, the said Mayor and City 

Council of Baltimore, acting through its duly authorized 
representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances used 
by it therein, for the purposes of inspection, maintenance, 
repair, alteration, relocation and/or replacement, of any or all 
«, of said structures and appurtenances, and this without permission 

from or compensation to the owner or owners of said land. 



<s. ,^ SEC. 5. AND BE IT FURTHER ORDAINED, That the proceedings of 

^ - said Department of Public Works, with reference to the 

^~ r condemnation and closing of said 10 foot alley, and the 

proceedings and rights of all parties interested or affected 
thereby shall be regulated by, and be in accordance with, any and 
all applicable provisions of Article 4 of the Code of public 
Local Laws of Maryland and the Charter of Baltimore City (1964 
;,. Revisions, as amended) and any and all amendments thereto, and 

^ ^ any and all other Acts of the General Assembly of Maryland, and 

f*— any and all ordinances of the Mayor and City Council of 

•— '• ' Baltimore, and any and all rules or regulations in effect which 

C/*) ■••• have bene adopted by the Director of Public Works and filed with 

0^ ••■ the Department of Legislative Reference. 

ujc:: 



SEC. 6. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 



I^ ^'- Approved June 27, 1990 

•Ij ..;. KURT L. SCHMOKE, Mayor 



404 



L 



Ord. No. 581 



CITY OF BALTIMORE 

ORDINANCE NO. 581 

(Council Bill No. 947) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
NURSING HOME - 4 7 03-09 HAMPNETT AVENUE 

FOR the purpose of granting permission for the establishment, 

maintenance and operation of a nursing home with a maximum 
of 140 beds on the property located at 4703-09 Hampnett 
Avenue, as outlined in red on the plats accompanying this 
ordinance, subject to final licensure by the State 
Department of Health and Mental Hygiene. 

BY Authority 

Article 30 - Zoning 

Sections 4.4-ld-l and 11.0-6d 

Baltimore City Code (1983 Replacement Volume, as amended) 

and 
Article 12 - Hospitals 
Section 1 
Baltimore City Code (198 3 Replacement Volume, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That permission is hereby granted to Harford Nursing 
Home, Inc. for the establishment, maintenance and operation of a 
nursing home with a maximum of 140 beds on the property located 
at 4703-09 Hampnett Avenue, as outlined in red on the plats 
accompanying this ordinance, under the provisions of Sections 
4.4-ld-l and 11.0-6d of Article 30 of the Baltimore City Code 
(1983 Replacement Volume, as amended) title "Zoning", and Section 
1 of Article 12, title "Hospitals" of the Baltimore City Code 
(1983 Replacement Volume, as amended) , subject to final licensure 
by the State Department of Health and Mental Hygiene. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the Zoning 
Ordinance, the President of the City Council shall sign the plat 
and when the Mayor approves the ordinance, he shall sign the 
plat. The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The Board of 
Municipal and Zoning Appeals, the Planning Commission, the 
Commissioner of the Department of Housing and Community 
Development, the Supervisor of Assessments for Baltimore City and 
the Zoning Administrator. 

405 



^-< 






c: 



Ord. No. 582 



SEC. 3. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the 30th day after the date of its 
enactment. 

Approved June 27, 1990 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 582 

(Council Bill No. 961) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 1 

FOR the purpose of repealing Ordinance No. 559 approved March 21, 
^j 191 A, which provided for reserved parking on the east side 

^'^ of Eutaw Street, from Cider Alley to Redwood Street, for 

k- ^ physicians in attendance at Central Medical Center. 

^^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 559, approved March 21, 1974, is 
C ^. hereby repealed and the authorization for reserved parking on the 

^j f east side of Eutaw Street from Cider Alley to Redwood Street 

V \ therein provided, .is hereby rescinded. 

^ • ' SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 

shall take effect on the date of its enactment. 
*;~ '. 

^- ( Approved June 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 583 
(Council Bill No. 1013) 
AN ORDINANCE concerning 

CITY STREET - OPENING LAWRENCE STREET 



— » FOR the purpose of condemning and opening Lawrence Street 

J^ ^— extending from Fort Avenue southwesterly 634 feet, more or 

ITD less, in accordance with a plat thereof numbered 348-A-3 

prepared by the Survey Control Section and filed in the 



406 



Ord. No. 583 



Office of the Department of Public Works, on the second 
(2nd) day of May, 1990. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and open Lawrence 
Street, extending from Fort Avenue southwesterly 634 feet, more 
or less; the said Lawrence Street hereby directed to be condemned 
for said opening being described as follows: 

Beginning for the same at a point formed by the intersection 
of the southwest side of Fort Avenue, 82.5 feet wide, and the 
northwest side of Lawrence Street, 66 feet wide, and running 
thence binding on the northwest side of said Lawrence Street, 
South 24° -15 '-30" West 650.98 feet to intersect the north side of 
Barney Street, 66 feet wide, as condemned and closed in 
accordance with Ordinance No. 48, approved: April 25, 1980; 
thence binding on the line of the north side of the former bed of 
said Barney Street if projected easterly. North 86^-59 '-30" East 
74.25 feet to intersect the southeast side of said Lawrence 
Street; thence binding on the southeast side of said Lawrence 
Street, North 24° -15 '-30" East 616.97 feet to intersect the 
southwest side of said Fort Avenue and thence binding on the 
southwest side of said Fort Avenue, North 65° -44 '-30" West 66.00 
feet to the place of beginning. 

All courses and distances in the above description are 
referred to the true meridian as adopted by the Baltimore Survey 
Control System. 

The said Lawrence Street as directed to be condemned being 
more particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly shown 
on a plat numbered 348-A-3 which was filed in the Office of the 
Department of Public Works on the Second (2nd) day of May in the 
year 1990 and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works, with reference to the 
condemnation and opening of said Lawrence Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, any 
and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City (1964 

407 



I 



k-iu 



^. 



Ord. No. 584 



Revision, as amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this Ordinance 
shall take effect on the date of its enactment. 

Approved June 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 584 

(Council Bill No. 1014) 



C/ AN ORDINANCE concerning 
^ —- • CITY STREET - CLOSING LAWRENCE STREET 

D C- 

^' ,, FOR the purpose of condemning and closing Lawrence Street, 
r ,' extending from Fort Avenue southwesterly 634 feet, more or 

", " less, in accordance with a plat thereof numbered 348-A-3A, 

^•^ '. prepared by the Survey Control Section and filed in the 

Office of the Department of Public Works, on the Second 

C: • (2nd) day of May, 1990. 

r' 

t;~ ' BY authority of 



Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the Department of Public Works be, and it is 
hereby authorized and directed to condemn and close Lawrence 
Street, extending from Fort Avenue southwesterly 634 feet, more 
or less; the said Lawrence Street hereby directed to be condemned 
for said closing being described as follows: 

v« Beginning for the same at a point formed by the intersection 

of the southwest side of Fort Avenue, 82.5 feet wide, and the 

t., northwest side of Lawrence Street, 66 feet wide, and running 

thence binding on the northwest side of said Lawrence Street, 
South 24° -15 '-30" West 650.98 feet to intersect the north side of 

408 



Ord. No. 584 

Barney Street, 66 feet wide, as condemned and closed in 
accordance with Ordinance No. 48, approved: April. 25, 1980; 
thence binding on the line of the north side of the former bed of 
said Barney Street if projected easterly. North 86° -59 '-30" East 
74.25 feet to intersect the southeast side of said Lawrence 
Street; thence binding on the southeast side of said Lawrence 
Street, North 24° -15 '-30" East 616.97 feet to intersect the 
southwest side of said Fort Avenue and thence binding on the 
southwest side of said Fort Avenue, North 65°-44'-30" West 66.00 
feet to the place of beginning. 

All courses and distances in the above description are 
referred to the true meridian as adopted by the Baltimore Survey 
Control System. 

The said Lawrence Street as directed to be condemned being 
more particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly shown 
on a plat numbered 348-A-3A which was filed in the Office of the 
Department of Public Works on the Second (2nd) day of May in the 
year 1990, and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
Ordinance, all subsurface structures and appurtenances now owned 
by the Mayor and City Council of Baltimore, shall be and continue 
to be the property of the Mayor and City Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by the Mayor 
and City Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City Council 
of Baltimore, and shall in the application for such permission 
and permits agree to pay all costs and charges of every kind and 
nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall have 
been closed under the provisions of this Ordinance until the 
subsurface structures and appurtenances now owned by the Mayor 
and City Council of Baltimore, over which said buildings or ^ 

structures are proposed to be constructed or erected shall have 
been abandoned or shall have been removed and relaid in ^ 

accordance with the specifications and under the direction of the -^ 

Director of Public Works of Baltimore City, and at the expense of 
the person or persons or body corporate desiring to erect such 
buildings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

' 409 



c/ 



Ord. No. 585 

SEC. 4. AND BE IT FURTHER ORDAINED, That after said highway 
or highways shall have been closed under the provisions of this 
ordinance, all subsurface structures and appurtenances owned by 
any person, firm or corporation, other than the Mayor and City 
Council of Baltimore, shall upon notice from the Director of 
Public Works of Baltimore City, be promptly removed by and at the 
expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on and after the 
closing of said highway or highways, the said Mayor and City 
Council of Baltimore, acting through its duly authorized 
representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances used 
by it therein, for the purposes of inspection, maintenance,, 
repair, alteration, relocation and/or replacement, of any or all 
of said structures and appurtenances, and this without permission 
from or compensation to the owner or owners of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the proceedings of 
said Department of Public Works with reference to the 
condemnation and closing of said Lawrence Street and the 
proceedings and rights of all parties interested or affected 
■^ 7 ' thereby, shall be regulated by, and be in accordance with, any 

and all applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City .(1964 
^^ i,' Revision) and any and all amendments thereto, and any and all 

^j f other Acts of the General Assembly of Maryland, and any and all 

ordinances of the Mayor and City Council of Baltimore, and any 
and all rules or regulations in effect which have been adopted by 
the Director of Public Works and filed with the Department of 
Legislative Reference. 

^ r SEC. 7. AND BE IT FURTHER ORDAINED, That this Ordinance 

shall take effect on the date of its enactment. 

Approved June 27, 1990 

KURT L. SCHMOKE, Mayor 

^c 

K- CITY OF BALTIMORE 

C^ . ORDINANCE NO. 585 

_'" : (Council Bill No. 1015) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 984, approved June 26, 

410 



:^> 



c^ t. 



Ord. No. 586 



1987, which provided for reserved handicapped parking on the 
south side of Mt. Vernon Place, east of Cathedral Street, 
for Francis Murnaghan. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 984, approved June 26, 1987, is 
hereby repealed and the authorization for reserved handicapped 
parking on the south side of Mt. Vernon Place, east of Cathedral 
Street therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 586 

(Council Bill No. 1016) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 834, approved December 
8, 1986, which provided for reserved handicapped parking on 
the south side of Windsor Avenue, west of Poplar Grove 
Street, for Dick Brown. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 834, approved December 8, 1986, is 
hereby repealed and the authorization for reserved handicapped 
parking on the south side of Windsor Avenue, west of Poplar 
Grove Street therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 587 

(Council Bill No. 1017) 



411 



-J i 



s 



Ord. No. 588 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING ORDINANCE 

FOR the purpose of repealing Ordinance No. 861, approved January 
4, 1983, which provided for reserved parking on the north 
side of Baltimore Street, west of East Avenue, for 
Athanasios Syropoulos. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That Ordinance No. 861, approved January 4, 1983, is 
hereby repealed and the authorization for reserved parking on the 
north side of Baltimore Street, west of East Avenue therein 
provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ordinance 
shall take effect on the date of its enactment. 

Approved June 27, 1990 

KURT L. SCHMOKE, Mayor 

7 ■ CITY OF BALTIMORE 

ORDINANCE NO. 588 

(Council Bill No. 1046) 

^ . ^ AN ORDINANCE concerning 

URBAN RENEWAL - SANDTOWN-WINCHESTER - AMENDMENT 2 

^- r FOR the purpose of amending the Urban Renewal Plan for the 

Sandtown-Winchester Area to, among other things, authorize 
the acquisition of certain properties and alleys by the 
Mayor and City Council of Baltimore for urban renewal 
purposes; create new disposition lots for residential, 
I ■ public park and/or public right-of-way use; revise certain 

^ P • exhibits to reflect the changes provided herein; waive such 

[»« * ■ requirements, if any, as to content or procedure for the 

••— '• ■• preparation, adoption, and approval of renewal plans as set 

C/*) ••- forth in Article 13 of the Baltimore City Code which the 

Q^ -.- Urban Renewal Plan for Sandtown-Winchester may not meet; 

^j^ ^"' provide for the separability of the various parts and 

v^ /•" applications of this Ordinance; provide that where the 

•^ — • provisions of this Ordinance shall conflict with any other 

ordinance in force in the City of Baltimore, the provision 
J— which establishes the higher standard shall prevail; and 

I^ «:: provide for an effective date hereof. 



412 



L 



Ord. No. 588 



WHEREAS, An Urban Renewal Plan for Sandtown-Winchester was 
originally approved by the Mayor and City Council of Baltimore by 
Ordinance 701, dated April 17, 1978 and amended by Ordinance 
109 3, dated December 1, 1983; and 

WHEREAS, It is necessary to amend the Urban Renewal Plan for 
Sandtown-Winchester to acquire certain properties and 
rehabilitate and/or demolish blighted buildings and consolidate 
sites with vacant lots to assemble land to convey to a private 
developer in order that said developer may create homeownership 
opportunities for families of low and/or moderate income. 126 new 
housing units will be constructed by the developer and 17 units 
will be rehabilitated by the City - all as part of the Nehemiah 
Housing Opportunity Program of the Federal Department of Housing 
and Urban Development; and 

WHEREAS, Pursuant to Article 13 of the Baltimore City Code 
(1983 Replacement Volume, as amended), no substantial change or 
changes shall be made in any renewal plan, after approval by 
ordinance, without such change or changes first being adopted and 
approved in the same manner as set forth in said Article 13 for 
the approval of a renewal plan, namely the preparation of such 
change or changes by the Department of Housing and Community 
Development, the approval of such change or changes by the 
Director of the Department of Planning, and approval and adoption 
by an ordinance of the Mayor and City Council of Baltimore after 
a public hearing in relation thereto, all in the manner set forth 
in said Article 13; and 

WHEREAS, The Department of Housing and Community Development 
has prepared an amended Urban Renewal Plan for Sandtown- 
Winchester to incorporate these changes; and 

WHEREAS, Said amended Urban Renewal Plan has been approved 
by the Director of the Department of Planning with respect to its 
conformity as to the Master Plan, the detailed location of any 
public improvements proposed in the amended Renewal Plan, its 
conformity to the rules and regulations for subdivisions, and its 
conformity to existing zoning classifications; and said amended 
Urban Renewal Plan has been approved and recommended to the Mayor 
and City Council of Baltimore by the Commissioner of the 
Department of Housing and Community Development; now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF 
BALTIMORE, That the amended Urban Renewal Plan, identified as 
"Urban Renewal Plan, Sandtown-Winchester" revised to include 
Amendment No. 2, dated May 23, 1990, having been duly reviewed 
and considered, is hereby approved and the Clerk of the City 
Council is hereby directed to file a copy of said amended Urban 
Renewal Plan with the Department of Legislative Reference as a . 



413 



I 



Ord. No. 588 

permanent public record and to make the same available for public 
inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That it is necessary to 
acquire, by purchase or by condemnation, for urban renewal 
purposes, the fee simple interest or any lesser interest in and 
to certain properties or portions thereof, together with all 
right, title, interest and estate that the owner or owners of 
said property interests may have in all streets, alleys, ways or 
lanes, public or private, both abutting the whole area described 
and/or contained within the perimeter of said area, situate in 
Baltimore City, Maryland, and described as follows; 

1200 N. Calhoun Street 

1322' N. Calhoun Street 

1323 N. Calhoun Street 

1325 N. Calhoun Street 

1327 N. Calhoun Street 

1321 N. Carey Street 
C/ 1338 N. Carey Street 

Ll. 1351 N. Carey Street 

r^ ' 1810 N. Carlton Street 

D: • 

^i 



UJ C. 

It 



1328 


N. 


Fremont Avenue 


1336 


N. 


Fremont Avenue 


1338 


N. 


Fremont Avenue 


1354 


N. 


Fremont Avenue 


1360 


N. 


Fremont Avenue 


1368 


N. 


Fremont Avenue 


1374 


N. 


Fremont Avenue 


1201 


N. 


Gilmor 


Street 


1207 


N. 


Gilmor 


Street 


1209 


N. 


Gilmor 


Street 


1211 


N. 


Gilmor 


Street 


1213 


N. 


Gilmor 


Street 


1215 


N. 


Gilmor 


Street 


1217 


N. 


Gilmor 


Street 


1219 


N. 


Gilmor 


Street 


1221 


N. 


Gilmor 


Street 


1223 


N. 


Gilmor 


Street 


1225 


N. 


Gilmor 


Street 


1227 


N. 


Gilmor 


Street 


1229 


N. 


Gilmor 


Street 


1231/33 


N. 


Gilmor 


Street 



414 



Ord. No. 588 



1104 


Laurens 


Street 


1124/26 


Laurens 


Street 


1128 


La 


urens 


Street 


1200 


Laurens 


Street 


1202 


Laurens 


Street 


1204 


Laurens 


Street 


1206 


Laurens 


Street 


1208 


Laurens 


Street 


1301 


Laurens 


Street 


1316 


Laurens 


Street 


1401 


Laurens 


Street 


1403/11 


Laurens 


Street 


1415 


Laurens 


Street 


1417 


Laurens 


Street 


1419 


Laurens 


Street 


1421 


Laurens 


Street 


1423 


Laurens 


Street 


1425 


Laurens 


Street 


1427 


Laurens 


Street 


1429 


Laurens 


Street 


1431 


Laurens 


Street 


1433 


Laurens 


Street 


1435/37 


Laurens 


Street 


1439 


Laurens 


Street 


1503 


Laurens 


Street 


1505 


Laurens 


Street 


1507 


Laurens 


Street 


1509 


Laurens 


Street 


1511 


Laurens 


Street 


1513 


Laurens 


Street 


1515 


Laurens 


Street 


1517 


Laurens 


Street 


1519 


Laurens 


Street 


1210 


N. 


Parrish 


Street 


1211 


N. 


Parrish 


Street 


1212 


N. 


Parrish 


Street 


1213 


N. 


Parrish 


Street 


1214 


N. 


Parrish 


Street 


1215 


N. 


Parrish 


Street 


1216 


N. 


Parrish 


Street 


1217 


N. 


Parrish 


Street 


1218 


N. 


Parrish 


Street 


1219 


N. 


Parrish 


Street 


1220 


N. 


Parrish 


Street 


1221 


N. 


Parrish 


Street 


1222 


N. 


Parrish 


Street 


1223 


N. 


Parrish 


Street 


1224 


N. 


Parrish 


Street 



415 



Ord. No. 588 



a 



fcr 


CT 1- 


C/*) - 


K;:: 


Uj c... 


>c 




|h 


::d«: 



1225 


N. 


Parrish Street 


1226 


N. 


Parrish Street 


1227 


N. 


Parrish Street 


1228 


N. 


Parrish Street 


1229 


N. 


Parrish Street 


1303 


Presstman Street 


1305 


Presstman Street 


1307 


Presstman Street 


1309 


Presstman Street 


1311 


Presstman Street 


1302 


N. 


Stockton 


Street 


1303 


N. 


Stockton 


Street 


1304 


N. 


Stockton 


Street 


1305 


N. 


Stockton 


Street 


1306 


N. 


Stockton 


Street 


1307 


N. 


Stockton 


Street 


1308 


N. 


Stockton 


Street 


1309 


N. 


Stockton 


Street 


1310 


N. 


Stockton 


Street 


1311 


N. 


Stockton 


Street 


1312 


N. 


Stockton 


Street 


1313 


N. 


Stockton 


Street 


1314 


N. 


Stockton 


Street 


1315 


N. 


Stockton 


Street 


1316 


N. 


Stockton 


Street 


1317 


N. 


Stockton 


Street 


1318 


N. 


Stockton 


Street 


1319 


N. 


Stockton 


Street 


1320 


N. 


Stockton 


Street 


1321 


N. 


Stockton 


Street 


1322 


N. 


Stockton 


Street 


1323 


N. 


Stockton 


Street 


1324 


N. 


Stockton 


Street 


1325 


N. 


Stockton 


Street 


1326 


N. 


Stockton 


Street 


1327 


N. 


Stockton 


Street 


1328 


N. 


Stockton 


Street 


1329 


N. 


Stockton 


Street 


1330 


N. 


Stockton 


Street 


1331 


N. 


Stockton 


Street 


1332 


N. 


Stockton 


Street 


1333 


N. 


Stockton 


Street 


1334 


N. 


Stockton 


Street 


1335 


N. 


Stockton 


Street 


1336 


N. 


Stockton 


Street 


1337 


N. 


Stockton 


Street 


1338 


N. 


Stockton 


Street 



416 



L 



Ord. No. 588 



1339 


N. 


Stockton 


Street 


1340 


N. 


Stockton 


Street 


1341 


N. 


Stockton 


Street 


1342 


N. 


Stockton 


Street 


1343 


N. 


Stockton 


Street 


1344 


N. 


Stockton 


Street 


1345 


N. 


Stockton 


Street 


1346 


N. 


Stockton 


Street 


1347 


N. 


Stockton 


Street 


1348 


N. 


Stockton 


Street 


1349 


N. 


Stockton 


Street 


1350 


N. 


Stockton 


Street 


1351 


N. 


Stockton 


Street 


1352 


N. 


Stockton 


Street 


1353 


N. 


Stockton 


Street 


1354 


N. 


Stockton 


Street 


1355 


N. 


Stockton 


Street 


1356 


N. 


Stockton 


Street 


1357 


N. 


Stockton 


Street 


1358 


N. 


Stockton 


Street 


1359 


N. 


Stockton 


Street 


1360 


N. 


Stockton 


Street 


1361 


N. 


Stockton 


Street 


1362 


N. 


Stockton 


Street 


1363 


N. 


Stockton 


Street 


1364 


N. 


Stockton 


Street 


1365/67 


N. 


Stockton 


Street 


1366 


N. 


Stockton 


Street 


1368 


N. 


Stockton 


Street 


1370 


N. 


Stockton 


Street 


1372 


N. 


Stockton 


Street 


1374 


N. 


Stockton 


Street 


1376 


N. 


Stockton 


Street 


1378 


N. 


Stockton 


Street 


1380 


N. 


Stockton 


Street 


1382 


N. 


Stockton 


Street 


1384 


N. 


Stockton 


Street 


1386/94 


N. 


Stockton 


Street 


1200/04 


N. 


Strieker 


Street 


1205 


N. 


Strieker 


Street 


1206 


N. 


Strieker 


Street 


1208 


N. 


Strieker 


Street 


1210 


■ N. 


Strieker 


Street 


1218 


N. 


Strieker 


Street 


1220 


N. 


Strieker 


Street 


1222 


N. 


Strieker 


Street 


1224 


N. 


Strieker 


Street 



1226 N. Strieker Street 
417 



Ord. No. 588 



1228 
1230 



N. Strieker Street 
N. Strieker Street 



U 



1201 
1203 
1204 
1205 
1206 
1207 
1208 
1209 
1210 
1211 
1212 
1213 
1214 
1215 
1216 
1217 
1218 
1219 
1221 



Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 
Whateoat 



Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 



1420 



Winehester Street 






o 



It: 



1309 
1311 
1313 
1315 
1317 
1319 
1321 
1323 
1325 
1326 
1327 
1328 
1329 
1330 
1331 
1332 

1333 
1334 
1335 
1336 
1337 
1338 
1339 
1340 



Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 
N. Woodyear 
N. Woodyear 
N. Woodyear 
N. Woodyear 
N. Woodyear 



N. 
N. 
N. 
N. 
N. 
N. 
N. 
N. 



Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 
Woodyear 



Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 

Street 
Street 
Street 
Street 
Street 
Street 
Street 
Street 



418 



L 



Ord. No. 588 



1341 


N. 


Woodyear 


Street 


1342 


N. 


Woodyear 


Street 


1343 


N. 


Woodyear 


Street 


1344 


N. 


Woodyear 


Street 


1345 


N. 


Woodyear 


Street 


1346 


N. 


Woodyear 


Street 


1347 


N. 


Woodyear 


Street 


1348 


N. 


Woodyear 


Street 


1349 


N. 


Woodyear 


Street 


1350 


N. 


Woodyear 


Street 


1351 


N. 


Woodyear 


Street 


1352/62 


N. 


Woodyear 


Street 


1353 


N. 


Woodyear 


Street 


1355 


N. 


Woodyear 


Street 


1357 


N. 


Woodyear 


Street 


1359/61 


N. 


Woodyear 


Street 


1363/73 


N. 


Woodyear 


Street 


1364 


N. 


Woodyear 


Street 


1366 


N. 


Woodyear 


Street 


1368 


N. 


Woodyear 


Street 


1370 


N. 


Woodyear 


Street 


1372 


N. 


Woodyear 


Street 


1374 


N. 


Woodyear 


Street 


1375 


N. 


Woodyear 


Street 


1376 


N. 


Woodyear 


Street 


1377 


N. 


Woodyear 


Street 


1378 


N. 


Woodyear 


Street 


1379 


N. 


Woodyear 


Street 


1380 


N. 


Woodyear 


Street 


1381 


N. 


Woodyear 


Street 


1382 


N. 


Woodyear 


Street 


1383 


N. 


Woodyear 


Street 


1384 


N. 


Woodyear 


Street 


1385 


N. 


Woodyear 


Street 


1386 


N. 


Woodyear 


Street 


1387 


N. 


Woodyear 


Street 


1388 


N. 


Woodyear 


Street 


1389 


N. 


Woodyear 


Street 


1391 


N. 


Woodyear 


Street 



Block 43, Lot 59 - Property on the west side of N 
Parrish Street at the northwest corner of 
Winchester Street 

11 foot alley north of 1325 N. Woodyear Street 

11 foot alley east of 1201-1233 N. Gilmor Street 

10 foot alley north of 1228 N. Parrish Street 



419 



C. L 



Ord. No. 588 

10 foot alley north of 1229 N. Parrish Street 

6 foot alley south of 1401-1423 Laurens Street 

4 foot alley east of 1201-1221 Whatcoat Street 

4 foot alley south of 1380 N. Woodyear Street 

3 foot alley south of 1303-1307 Presstman Street 

SEC. 3. AND BE IT FURTHER ORDAINED, That the Department of 
Real Estate, Office of the Comptroller, or such person or persons 
and in such manner as the Board of Estimates, in the exercise of 
the power vested in it by Article V, Section 5, of the Baltimore 
City Charter, may hereafter from time to time designate, is or 
are authorized to acquire on behalf of the Mayor and City Council 
of Baltimore and for the purposes described in this Ordinance, 
the fee simple interest or any lesser interest in and to the 
properties or portions thereof hereinabove mentioned. If the said 
Department, person or persons is or are unable to agree with the 
(^/ owner or owners on the purchase price for said properties or 

^l portions thereof, it or they shall forthwith notify the City 

^ • Solicitor of Baltimore City, who shall thereupon institute in the 

' - name of the Mayor and City Council of Baltimore the necessary 

legal proceedings to acquire by condemnation the fee simple 
interest or any lesser interest in and to said properties or 
portions thereof. 



i. . 



< 



SEC. 4. AND BE IT FURTHER ORDAINED, That the newly created 
disposition lots for residential (both new construction and 
^- rehabilitation) , public park and/or public right-of-way use - all 

^ *. as shown in the amended Urban Renewal Plan on Exhibit 3, Land 

" Disposition, dated May 23, 1990 - are hereby approved. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the following 
revised Exhibits which contain the changes provided herein are 
hereby approved: Exhibit 1 - Land Use Plan; Exhibit 2 - Property 
Acquisition; and Exhibit 3 - Land Disposition, all dated as 
t'^' revised May 23, 1990. 

c: 

I, , SEC. 6. AND BE IT FURTHER ORDAINED, That in whatever 

respect, if any, the said amended Renewal Plan approved hereby 
may not meet the requirements as to the content of a Renewal Plan 
or the procedures for the preparation, adoption, and approval of 
renewal plans, as provided in Article 13 of the Baltimore City 
^ C Code (1983 Replacement Volume, as amended), the said requirements 

•"• are hereby waived and the amended Renewal Plan approved hereby is 

2^ I exempted therefrom. 

•3 <i 






L 



420 



Ord. No. 589 



SEC. 7. AND BE IT FURTHER ORDAINED, That in the event it be 
judicially determined that any word, phrase, clause, sentence, 
paragraph, section or part in or of this Ordinance or the 
application thereof to any person or circumstances is invalid, the 
remaining provisions and the application of such provisions to 
other persons or circumstances shall not be affected thereby, the 
Mayor and City Council hereby declaring that they would have 
ordained the remaining provisions of this Ordinance without the 
word, phrase, clause, sentence, paragraph, section or part or the 
application thereof so held invalid. 

SEC. 8. AND BE IT FURTHER ORDAINED, That in any case where a 
provision of this Ordinance concerns the same subject matter as an 
existing provision of any zoning, building, electrical, plumbing, 
health, fire, or safety ordinance or code or regulation, the 
applicable provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions are 
found to be in irreconcilable conflict, the provision which 
establishes the higher standard for the promotion and protection 
of the public health and safety shall prevail. In any case where 
a provision of this Ordinance is found to be in conflict with an 
existing provision of any other ordinance or code or regulation in 
force in the City of Baltimore which establishes a lower standard 
for the public health and safety, the provision of this Ordinance 
shall prevail, and the other existing provision of such other 
ordinance or code or regulation is hereby repealed to the extent 
that it may be found in conflict with this Ordinance. 

SEC. 9. AND BE IT FURTHER ORDAINED, That this Ordinance shall 
take effect on the date of its enactment. 

Approved June 27, 1990 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 589 

(Council Bill No. 1034) 

kN ORDINANCE concerning 

ORDINANCE OF ESTIMATES FOR THE FISCAL YEAR ENDING JUNE 30, 1991 

"OR the purpose of providing the appropriations estimated to be needed by each agency 
of the City of Baltimore for operating programs and capital projects during the 
'' fiscal 1991 year. 

421 



Ord. No. 589 

BY authority of 

Article VI - Board of Estimates 

Section 2 

Baltimore City Charter (1964 Revision as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That tt 
following amounts or so much thereof as shall be sufficient are hereby appropriate 
subject to the provisions hereinafter set forth for the purp>ose of carrying out t^ 
programs included in the operating budget and the projects listed in the capite 
budget from the amounts estimated to be available in the designated funds during tJ 
fiscal year ending June 30, 1991: 

A. OPERATING BUDGET 

BALTIMORE CITY PUBLIC SCHOOLS 

725. General Fund Support 

General Fund Appropriation S 181,169, 

v^ 728. Board of School Commissioners 

W. i Education Fund Appropriation S 254, 

^ "' . 

^- - 729. Office of the Superintendent 

^ _ Education Fund Appropriation S 1,681, 

J . 731. Planning, Research, and Evaluation 

^ ^1 Education Fund Appropriation $ 1,290, 

J^^ _ Federal Fund Appropriation $ 317, 

L« * State Fund Appropriation S 1/ 

f^' Special Fund Appropriation $ 1, 

t;^ • 

^- I 732. Curriculum Development 

Education Fund Appropriation S 1 ; 1 4 6 5 < 

1,465. 

Federal Fund Appropriation S 874, 



IX 



\ , 741. Elementary School Management 

Education Fund Appropriation S 474, 






IM- 



742. Secondary School Management 

Education Fund Appropriation $ 355, 

743. General Instruction 

Education Fund Appropriation S 201,781, 

Federal Fund Appropriation S 31,330, 

State Fund Appropriation S 8,054, 

Special Fund Appropriation S 900, 

744. Other Instructional Services 

Education Fund Appropriation S 9,467, 

422 



Ord. No. 589 



Federal Fund Appropriation $ 39,220 

State Fund Appropriation $ 1,770,639 

Special Fund Appropriation S 30,793 

Field Instructional Services 

Education Fund Appropriation $ 1,847,092 

Federal Fund Appropriation $ 190,410 

Student Services 

Education Fund Appropriation $ 3,253,508 

Federal Fund Appropriation $ 342,139 

Special Fund Appropriation $ 57,320 

Special Education Services 

Education Fund Appropriation S 2,339,812 

Federal Fund Appropriation S 1,047,876 

Vocational and Adult/Alternative Programs Management 

Education Fund Appropriation S 868,850 

Federal Fund Appropriation $ 106,008 

State Fund Appropriation $ 88,983 

Compensatory Services Management 

Education Fund Appropriation S 155,234 

^ Federal Fund Appropriation $ 1,940,170 

State Fund Appropriation S 1,173,474 

Vocational Instruction 

Education Fund Appropriation $ 13,591,710 

Federal Fund Appropriation S 954,867 

State Fund Appropriation $ 649,149 

Special Fund Appropriatibn $ 8,602 

Adult/Alternative Instruction 

Education Fund Appropriation S 4,171,844 

Federal Fund Appropriation $ 40,165 

State Fund Appropriation S 101,786 

Sp>ecial Fund Appropriation. . S (74,264) 

Special Instruction 

Education Fund Appropriation $ 80,211,930 

Federal Fund Appropriation S 4,102,161 

^^ State Fund Appropriation $ 384,798 

B Special Fund Appropriation $ 15,118 

Special Vocational Instruction 

Education Fund Appropriation $ 3,269,930 

Federal Fund Appropriation S 328,780 

State Fund Appropriation S 119,816 



423 



Ord. No. 589 



758. Gifted and Talented Instruction 

Education Fund Appropriation $ 2,221 

Federal Fund Appropriation $ 71 

761. Management Services Administration 

Education Fund Appropriation S 108 

762. Food Services 

Education Fund Appropriation $ 57, 

Federal Fund Appropriation $ 16,520, 

State Fund Appropriation S 2,932, 

Special Fund Appropriation S 4,165, 

763. Fiscal Management 

Education Fund Appropriation $ 889, J 

Federal Fund Appropriation S 510 

State Fund Appropriation S 1 

Special Fund Appropriation S 

764. Transportation 

Education Fund Appropriation S 7,494,( 

Motor Vehicle Fund Appropriation S 3,654,C 

Federal Fund Appropriation $ 91, C 

State Fund Appropriation S 11, 545, C 

765. Procurement 

Education Fund Appropriation S 1,119 

Federal Fund Appropriation $ 269 

State Fund Appropriation $ 1,6 

Special Fund Appropriation S 1»9 

766. Data Processing 

Education Fund Appropriation S 

Federal Fund Appropriation S 

State Fund Appropriation S 

Special Fund Appropriation S 

767. Facilities 

Education Fund Appropriation $ 56,362,9 

768. School Police 

Education Fund Appropriation $ 4,708,6< 

769. Labor Relations and Human Resources 

Education Fund Appropriation $ 

Federal Fund Appropriation S 

State Fund Appropriation S 

Sp>ecial Fund Appropriation $ 

780. External Relations 

Education Fund Appropriation S 

424 



Ord. No. 589 



State Fund Appropriation $ 



66,993 



BOARD OF ELECTIONS 



Voter Registration and Conduct of Elections 
General Fund Appropriation 



$ 2,180,021 



CITY COUNCIL 



City Legislation 

General Fund Appropriation. 



S 2,693,137 



CITY LIFE MUSEUMS 



Operation of City Life Museums 
General Fund Appropriation, 



$ 747,405 



CIVIL SERVICE COMMISSION 



Personnel Administration 

General Fund Appropriation 

An internal service fund is hereby authorized to provide 
for the operation of the Unemployment Insurance function, 
the costs of which are to be recovered from contributions 
from various Fund sources. 



$ 1,945,020 



Vision Care Program 

An internal service fund is hereby authorized to provide 
for the operation of an employee vision care program, the 
costs of which are to be recovered from contributions from 
various Fund sources. 

COMMUNITY RELATIONS COMMISSION 



Development of Intergroup Relations 
General Fund Appropriation. . . 
Federal Fund Appropriation. . . 



S 906,425 
$ 97,127 



COMPTROLLER 

Executive Direction and Control 

General Fund Appropriation $ 351,660 

Audits 

General Fund Appropriation $ 1,654,673 

Special Fund Appropriation $ 86,683 

Real Estate Acquisition and Management 

General Fund Appropriation $ 592,466 



425 



Ord. No. 589 



133. Municipal Telephone Exchange 

An internal service fund is hereby authorized to provide 
for operation of a municipal telephone exchange, the 
costs of which are to be recovered from using agencies. 

135. Insurance on City Facilities 

General Fund Appropriation $ 50, 

136. Municipal Post Office 

An internal service fund is hereby authorized to provide 
for operation of a municipal post office, the costs of 
which are to be recovered from using agencies. 

596. Management of Leased Properties 

General Fund Appropriation S 1,177, 

COUNCILMANIC SERVICES 

103. Councilmanic Services 

General Fund Appropriation $ 301, 

COURTS -RELATED 

110. Circuit Court for Baltimore City 

General Fund Appropriation $ 6,347, 

Federal Fund Appropriation S 194/ 

State Fund Appropriation $ 653, 

112. Orphans' Court 

General Fund Appropriation $ 285, 

EMPLOYEES' RETIREMENT SYSTEMS 

152. Administration, Employees Retirement Systems 

Special Fund Appropriation $ 1,809, 

ENOCH PRATT FREE LIBRARY 

450. Administrative and Technical Services 

General Fund Appropriation $ 337, 

State Fund Appropriation $ 41, 

452. Extension Services 

General Fund Appropriation S 8,027, 

453. State Library Resource Center 

General Fund Appropriation." S 2,567, 

State Fund Appropriation $ 5,359, 



426 



Ord. No. 589 



I 



FINANCE 



Administrative Direction and Control 

General Fund Appropriation $ 440,638 

Budget and Management Research 

General Fund Appropriation S 1,360,898 

Loan and Guarantee Services 

Loan and Guarantee Enterprise Fund Appropriation $ 4,032,928 

Purchasing 

General Fund Appropriation $ 4,210,893 

An internal service fund is hereby authorized to provide 
for operation of a municipal reproduction and printing 
service, the costs of which are to be recovered from 
using agencies. 



I 



An internal service fund is hereby authorized to provide 
for centralized automotive parts warehousing and 
inventory, the costs of which are to be recovered from 
using agencies. 



Risk Management Services 

An internal service fund is hereby authorized to provide 
for the operation of the Risk Management Office, the 
costs of which are to be recovered from the Self-Insurance 
Fund. 

Management Information Services 

General Fund Appropriation $ 4,645,394 

Bureau of Accounting Operations 

General Fund Appropriation $ 2,982,348 

Special Fund Appropriation $ 122,767 

Treasury Management «• 

General Fund Appropriation S 1,477,378 

FIRE 

Administrative Direction and Control 

General Fund Appropriation $ 2,022,141 

Training 

General Fund Appropriation S 686,398 

Fire Suppression 

General Fund Appropriation S 71,790,209 

State Fund Appropriation S 300,000 

427 



Ord. No. 589 



213. Fire Prevention 

General Fund Appropriation $ 2,022, 

215. Fire Alarm and Communications 

General Fund Appropriation $ 2,520, 

217. Equipment Maintenance 

General Fund Appropriation S 1,879, 

219. Non-Actuarial Retirement Benefits 

General Fund Appropriation $ 1,425, 

319. Ambulance Service 

General Fund Appropriation $ 6,692, 

State Fund Appropriation $ 290, 

Special Fund Appropriation $ 631, < 

HEALTH 

240. Animal Control 

General Fund Appropriation S 1,239,5 

300. Administrative Direction and Control 

General Fund Appropriation $ 3,271,7 

State Fund Appropriation S 58,8 

302. Environmental Health 

General Fund Appropriation $ 

Federal Fund Appropriation _ S 

State Fund Appropriation $ 

303. Special Purpose Grants 

General Fund Appropriation S 

Federal Fund Appropriation S 

State Fund Appropriation S 

Special Fund Appropriation S 

304. Clinical Services 

General Fund Appropriation S 2,653,7 

Federal Fund Appropriation S 30,372,3. 

State Fund Appropriation $ 588,* 

305. Maternal and Infant Services 

General Fund Appropriation $ 

Federal Fund Appropriation $ 

State Fund Appropriation S 

306. General Nursing Services 

General Fund Appropriation S 

State Fund Appropriation $ 

428 



Ord. No. 589 



Mental Health Services 

General Fund Appropriation $ 

Federal Fund Appropriation 5 

State Fund Appropriation $ 

Special Fund Appropriation $ 

Children and Youth Servipes 

General Fund Appropriation S 

Federal Fund Appropriation $ 

State Fund Appropriation $ 

School Health Services 

General Fund Appropriation $ 

Federal Fund Appropriation $ 

State Fund Appropriation $ 

Health Services for the Aging 

General Fund Appropriation $ 

Federal Fund Appropriation $ 



1,320,415 

30,611,293 

2,904,534 

500,076 



1,171,660 

4,636,515 

99,128 



4,448,493 

3,284,760 

293,766 



1,353,004 

1,722,120 



HOUSING AND COMMUNITY DEVELOPMENT 



Mayor's Stations 

General Fund Appropriation $ 

Federal Fund Appropriation $ 

Administrative Direction and Control 

General Fund Appropriation S 

Federal Fund Appropriation S 

Construction and Building Inspection 

General Fund Appropriation S 

Federal Fund Appropriation S 

Preservation of Historic Places 

General Fund Appropriation $ 

Federal Fund Appropriation $ 

State Fund Appropriation $ 

Neighborhood Development 

General Fund Appropriation S 

Federal Fund Appropriation $ 

Finance and Development 

General Fund Appropriation $ 

Federal Fund Appropriation $ 

Neighborhood Services 

General Fund Appropriation S 

Federal Fund Appropriation $ 



868,423 
321,300 



926,133 
318,669 



1,828,125 
1,128,384 



222,777 
25,000 
25,000 



667,511 
390,093 



1,364,659 
994,698 



4,891,850 
2,108,556 



429 



Ord. No. 589 



State Fund Appropriation $ 

584. Center City Development Corp. 

General Fund Appropriation $ 931, «l 

Federal Fund Appropriation $ 500,(1 

585. Economic Develojxnent 

General Fund Appropriation $ 

Federal Fund Appropriation S 

Special Fund Appropriation S 

593. Community Support Projects 

Federal Fund Appropriation S 

State Fund Appropriation S 600,0' 

595. Special Pro;]ect8 for Neighborhoods 

Federal Fund Appropriation $ 1,042,8 1 



llOi 



597. Weatherization 

State Fund Appropriation S 2,328,7 

JAIL I 



lie 



290. Care and Custody of Prisoners ™| 

General Fund Appropriation S 39,221,6!!l? 

293. Jail Commissary ii 

Special Fund Appropriation $ 921,21.ll 

LAW 

175. Legal Services 

General Fund Appropriation $ 

An internal service fund is hereby authorized to provide 
for a self-insurance program covering automotive 
equipment, p>olice animal liability and employee 
liability, the costs of which are to be recovered from 
the Self-Insurance Fund. 

LEGISLATIVE REFERENCE 

106. Legislative Reference Services 

General Fund Appropriation S 

Special Fund Appropriation $ 

107. Archives and Records Management 

General Fund Appropriation $ 



430 



Ord. No. 589 



LIQUOR LICENSE BOARD 

Liquor Control 

General Fund Appropriation $ 955,974 

MAYORALTY 

Executive Direction and Control 

General Fund Appropriation S 2,348,735 

Task Force for Liaison with General Assembly 

General Fund Appropriation S 489,738 

Office of Children and Youth 

General Fund Appropriation $ 243,454 

Federal Fund Appropriation $ 94,417 

State Fund Appropriation $ 110,500 

Office of International Programs 

General Fund Appropriation $ 145,558 

MAYORALTY -RELATED FUNCTIONS 

nd Culture 

Promotion of Art and Culture 

General Fund Appropriation $ 717,435 

Federal Fund Appropriation $ 15,000 

State Fund Appropriation S 73,300 

Special Fund Appropriation S 213,543 

Art and Culture Grants 

General Fund Appropriation $ 5,359,644 

and Communications 

Cable and Communications Coordination 

General Fund Appropriation S 651,494 

Special Fund Appropriation S 76,675 

Promotion 

90. Civic Promotion 

General Fund Appropriation $ 4,071,786 

ssion for Women 

20. Promotion of Equal Rights for Women 

General Fund Appropriation $ 168,887 

Special Fund Appropriation ., . . $ 7,000 



431 



Ord. No. 589 



CoiTimiSsion on Aging 



I: 



324. Aging and Retirement Education 

General Fund Appropriation $ 750, f 

Motor Vehicle Fund Appropriation S 300,4 

Federal Fund Appropriation $ 5,017, J 

State Fund Appropriation S 2,705, 

Special Fund Appropriation $ 32, 



Conditional Purchase Agreements 






129. Conditional Purchase Agreement Payments 

General Fund Appropriation S 17,334,i> 

Education Fund Appropriation $ 133,.) 

Motor Vehicle Fund Appropriation S 140,(4 

Federal Fund Appropriation S 51, J! 

Special Fund Appropriation S 28, (' 

Contingent Fund 

121. Contingent Fund 

General Fund Appropriation $ 1,000,C 

Convention Complex 

531. Convention Center Operations 

General Fund Appropriation $ 4,381,1 

540. Baltimore Arena Operations 

General Fund Appropriation $ 650,0 

Coordinating Council on Criminal Justice 

224. Mayor's Coordinating Council on Criminal Justice 

General Fund Appropriation S 471,9 

Special Fund Appropriation S 237,5 

Debt Service 

123. General Debt Service 

General Fund Appropriation S 57,024,0' 

Motor Vehicle Fund Appropriation S 18,989,8« 

Educational Grants 

446. Educational Grants 

General Fund Appropriation S 887, 69f 



432 



Ord. No. 589 

th and Welfare Grants 

385. Health and Welfare Grants 

General Fund Appropriation $ 120,278 

r Comrrissioner 

128. Labor Relations 

General Fund Appropriation $ 244,155 

ellaneous General Exp>en8es 

122. Miscellaneous General Expenses 

General Fund Appropriation $ 25,261,150 

cipal Markets 

538. Municipal Markets Administration 

General Fund Appropriation $ 1,396,925 

ce of Employment Development 

630. Administration (Title I) 

General Fund Appropriation $ 133,336 

631. Job Training Partnership (Titles II and III) 

Federal Fund Appropriation S 12,395,175 

639. Special Services 

General Fund Appropriation $ 678,064 

Federal Fund Appropriation S 1,245,563 

State Fund Appropriation $ 14,651,352 

-Insurance Fund 

126. Contribution to Self-Insurance Fund 

General Fund Appropriation $ 9,148,000 

Motor Vehicle Fund Appropriation S 1,970,000 

MUNICIPAL AND ZONING APPEALS 

Zoning, Tax, and Other Appeals 

General Fund Appropriation $ 359,374 

MUSEUM OF ART 

Operation of Museum of Art 

General Fund Appropriation $ 2,948,466 



433 



Ord. No. 589 



OCCUPATIONAL MEDICINE AND SAFETY 

167. Occupational Medicine and Safety 

General Fund Appropriation $ 796, 

OFF-STREET PARKING 

579. Development of Off-Street Parking Facilities 

General Fund Appropriation S 81 

Parking Enterprise Fund Appropriation $ 10,150, 

PLANNING 

187. City Planning 

General Fund Appropriation $ 1,483 

Motor Vehicle Fund Appropriation $ 1,048,1 

Federal Fund Appropriation $ 300,' 

State Fund Appropriation $ 391 

POLICE 

200. Administrative Direction and Control 

General Fund Appropriation $ 10, 608, i 

201. General Patrol 

General Fund Appropriation $ 97,695,6 

State Fund Appropriation $ 2,000,C 

202. Investigations 

General Fund Appropriation S 15,226,0 

Federal Fund Appropriation S 390,0 

SE>ecial Fund Appropriation S 655,0 

203. Traffic 

Motor Vehicle Fund Appropriation S 8,136,3 

Federal Fund Appropriation $ 121,4 

State Fund Appropriation $ 50,0 

204. Services Bureau 

General Fund Appropriation $ 18,123,3 

State Fund Appropriation $ 175,0 

Special Fund Appropriation $ 1,308,9 

205. Non-Actuarial Retirement Benefits 

General Fund Appropriation $ 10,900,0t 

207. Special Operations 

General Fund Appropriation $ 16,628,7 



434 



No. 589 



PUBLIC WORKS 

Motor Equipment Division 

An internal service fund is hereby authorized to provide 
for operation of a central automotive and mechanical 
repair service, the costs of which are to be recovered 
from using agencies. 

Administrative Direction and Control 

General Fund Appropriation S 941,924 

General Services Administration 

General Fund Appropriation $ 113,241 

Public Building Management 

General Fund Appropriation $ 14,295,187 

Public Services 

General Fund Appropriation $ 1,897,162 

Motor Vehicle Fund Appropriation S 62 5,840 

Abandoned Vehicles 

General Fund Appropriation $ 473,400 

Motor Vehicle Fund Appropriation S 4,169,873 

State Fund Appropriation $ 18,000 

Contract Construction Inspection 

Water Utility Fund Appropriation $ 110,766 

An internal service fund is hereby authorized to provide 
for inspection of municipal highway, bridge and utility 
construction, the costs of which are to be recovered from 
capital project appropriations. 

Contract Administration 

General Fund Appropriation $ 1,159,372 

Motor Vehicle Fund Appropriation $ 46,925 

Waste Water Utility Fund Appropriation $ 297,311 

Water Utility Fund Appropriation $ 97,217 

An internal service fund is hereby authorized to provide 
contract management for municipal facilities, the costs of 
which are to be recovered from capital project appropria- 
tions. 

Solid Waste Collection 

General Fund Appropriation $ 13,298,664 

Motor Vehicle Fund Appropriation $ 15,338,804 

State Fund Appropriation $ 45,250 

Special Fund Appropriation $ 20,000 



435 



Ord. No. 589 



516. 



518, 



519, 



544, 



546, 



548, 



550, 



552, 



553, 



554, 



555, 



561, 



565, 



471, 



Solid Waste Disposal 

General Fund Appropriation S 

Motor Vehicle Fund Appropriation S 

Maintenance and Repair of Storm and Water Systems 

Motor Vehicle Fund Appropriation $ 

Solid Waste Engineering and Storm Water Management 

General Fund Appropriation S 

Motor Vehicle Fund Appropriation S 

State Fund Appropriation $ 

Maintenance and Repair of Sanitary Systems 

Waste Water Utility Fund Appropriation S 

Water Distribution, Water Meters and Investigation 

Water Utility Fund Appropriation $ 

Conduits 

General Fund Appropriation $ 

Waste Water Facilities 

Waste Water Utility Fund Appropriation $ 

Water Facilities 

Water Utility Fund Appropriation $ 

Water Administration and Engineering 

Water Utility Fund Appropriation S 

Waste Water Administration and Engineering 

Waste Water Utility Fund Appropriation S 

Environmental Services Division 

Waste Water Utility Fund Appropriation S 

Water Utility Fund Appropriation S 

Metered Water Accounts 

Water Utility Fund Appropriation $ 

Utility Debt Service 

Waste Water Utility Fund Appropriation S 

Water Utility Fund Appropriation $ 

RECREATION AND PARKS 

Administrative Direction and Control 

General Fund Appropriation S 

State Fund Appropriation $ 



25, 700, j 



4,722, 



244, 

389, 

93, 



8,544, 
16, 043, « 

1,692,: 
53, 250, C 
16, 484,1 

4,723,5 

7,309,1 



1,877,4' 
297,4 



6,171,2 



4,902,5- 
9,116,6! 



1,867,1^ 
43,1 



436 



Ord. No. 589 



Municipal Concerts and Other Musical Events 

General Fund Appropriation $ 45,920 

General Park Services 

General Fund Appropriation $ 10,973,561 

Motor Vehicle Fund Appropriation $ 178,537 

State Fund Appropriation ; $ 962,147 

Special Facilities 

General Fund Appropriation S 3,648,157 

Special Fund Appropriation § 635,000 

Regular Recreational Services 

General Fund Appropriation S 10,692,977 

Federal Fund Appropriation $ 127,486 

Supplementary Recreational Services 

State Fund Appropriation $ 124,598 

Special Fund Appropriation S 1,070,314 

Park and Street Trees 

General Fund Appropriation $ 339,431 

Motor Vehicle Fund Appropriation $ 1,803,719 

SHERIFF 

Sheriff Services 

General Fund Appropriation $ 4,665,766 

Federal Fund Appropriation $ 489,325 

SCX:iAL SERVICES 

Public Assistance 

General Fund Appropriation. $ 560,194 

STATE'S ATTORNEY 

Prosecution of Criminals 

General Fund Appropriation S 10,173,750 

► Federal Fund Appropriation $ 994,264 

Special Fund Appropriation $ 50,000 

TRANSPORTATION 

Administrative Direction and Control 

Motor Vehicle Fund Appropriation $ 4,535,600 

Federal Fund Appropriation $ 89,922 

Traffic Engineering 

Motor Vehicle Fund Appropriation $ 2,256,374 



437 



Ord. No. 589 



232. Parking Meters 

General Fund Appropriation S 1,078 

233. Traffic Signs and Street Markings 

General Fund Appropriation S 66 

Motor Vehicle Fund Appropriation S 3,744 

State Fund Appropriation $ 8 

234. Construction and Maintenance of Traffic Signals 

Motor Vehicle Fund Appropriation $ 4,628 

235. Parking Enforcement 

General Fund Appropriation $ 2,665 

Motor Vehicle Fund Appropriation $ 938 

239. Traffic Operations 

Motor Vehicle Fund Appropriation S 3,975, 

An internal service fund is hereby authorized to provide 

for operation of a City-owned two-way radio system, the costs 

of which are to be recovered from using agencies. 

500. Street Lighting 

Motor Vehicle Fund Appropriation $ 15,337, 

501. Public Streets, Bridges and Highways 

Motor Vehicle Fund Appropriation S 22,690, 

503. Highway Administration and Engineering 

General Fund Appropriation $ 293, 

Motor Vehicle Fund Appropriation $ 495, 

^ URBAN SERVICES 

171. Administration 

General Fund Appropriation $ 1,101, 

Federal Fund Appropriation S 495, 

State Fund Appropriation $ 391, 

172. Neighborhood Organization 

General Fund Appropriation $ 

Federal Fund Appropriation $ 

State Fund Appropriation $ 

Special Fund Appropriation S 

376. Day Care 

General Fund Appropriation $ 

Federal Fund Appropriation $ 

377. Social Services 

Federal Fund Appropriation $ 



438 



Ord. No. 589 

Children's Services 

General Fund Appropriation $ 128,881 

Federal Fund Appropriation $ 5,446,641 

Energy/Weatherization Services 

State Fund Appropriation $ 11,161,000 

Community Support Services 

General Fund Appropriation $ 243,496 

Federal Fund Appropriation $ 391,282 

State Fund Appropriation $ 676,049 

Education 

Federal Fund Appropriation $ 403,307 

Recreation 

Federal Fund Appropriation $ 384,304 

^ State Fund Appropriation $ 94,619 

WAGE COMMISSION 

Wage Enforcement 

General Fund Appropriation S 187,748 

WAR MEMORIAL COMMISSION 

Operation of War Memorial Building 

General Fund Appropriation $ 225,406 

B. CAPITAL BUDGET 

BALTIMORE CITY PUBLIC SCHOOLS 

truction Reserve 

Loan Fund Appropriation $ 4,500,000 

State Fund Appropriation $ 5,232,000 

Provided that the aforegoing Capital Improvement 
Appropriations herein made are for the following: 
Roof Replacement (Fiscal Year 1991) 

Loan Fund Appropriation $ 1,712,000 

State Fund Appropriation $ 1,582,000 

Guilford Elementary School 214 - Replacement 

Loan Fund Appropriation $ 286,000 

Montebello Elementary School 44 - Renovation 

Loan Fund Appropriation S 1,931,000 

State Fund Appropriation $ 3,650,000 

Arlington Elementary School 234 - Renovation 

Loan Fund Appropriation S 360,000 

439 



Ord. No. 589 



Brehms Lane Elementary School 231 - Renovation 

Loan Fund Appropriation $ 213i( 



COMMUNITY COLLEGE OF BALTIMORE 

Construction Reserve 

Other Special Fund Appropriation S 415 

Provided that the aforegoing Capital Improvement 
Appropriations herein made are for the following: 

Business and Industry Center 

Other Special Fund Appropriation S 415 

COMPTROLLER 

Construction Reserve 

Motor Vehicle Fund Appropriation $ 530 

Provided that the aforegoing Capital Improvement 
Appropriation herein made are for the following: 
Recreation Pier - Repairs 

Motor Vehicle Fund Appropriation $ 330 

Broadway Pier Repairs 

Motor Vehicle Fund Appropriation $ 200, 

ENOCH PRATT FREE LIBRARY 

Construction Reserve 

General Fund Appropriation $ 450 

State Fund Appropriation $ 38 

Other Special Fund Appropriation $ 118 

Provided that the aforegoing Capital Improvement 

Appropriations herein made are for the following: 
Public Access Technology 

General Fund Appropriation $ 400, 

Pratt Library - Washington Village Branch 

Other Special Fund Appropriation $ 118, 

Pratt Library - Patterson Park Branch 

General Fund Appropriation S 50, 

State Fund Appropriation $ 38, 

FIRE 

Construction Reserve 

Loan Fund Appropriation $ 1,700, 

General Fund Appropriation S 150, 

Mayor & City Council Real Property Fund Appropriation S 82, 

Provided that the aforegoing Capital Improvement 
Appropriations herein made are for the following: 

440 



1 



Ord. No. 589 



Engine 33, 19, and Truck 5 - Consolidation 

Loan Fund Appropriation $ 1,700,000 

Fire Academy - Modernization 

General Fund Appropriation $ 150,000 

Fire Department Facilities Modernization 

Mayor & City Council Real Property Fund Appropriation S 82,000 

HEALTH 

truction Reserve 

General Fund Appropriation $ 335,000 

Provided that the aforegoing Capital Improvement 

Appropriation herein made are for the following: 
Health Facility - Druid District 

General Fund Appropriation S 170,000 

Health Facility - Cherry Hill 

General Fund Appropriation S 165,000 

HOUSING AND COMMUNITY DEVELOPMENT 

truction Reserve 

Loan Fund Appropriation S 10,785,000 

General Fund Appropriation $ 300,000 

Federal Fund Deappropriation S (1,000,000) 

Community Development Block Grant Appropriation S 12,464,000 

State Fund Appropriation S 806,000 

State Loan Fund Appropriation S 6,000,000 

Other Special Fund Appropriation S 300,000 

Mayor & City Council Real Property Fund Appropriation $ 3,375,000 

Provided that the aforegoing Capital Improvement 
H Appropriations and Deappropriations herein made 
™ are for the following: 

Harford Road Corridor - Improvements 

Loan Fund Appropriation $ 50,000 

Belair Road Corridor - Improvements 

Loan Fund Appropriation $ 50,000 

Cold Spring Lane/Keswick Shopping Area 

Loan Fund Appropriation S 50,000 

Reisterstown Road - Improvements 

Loan Fund Appropriation $ 50,000 

Seton Business Park - North Section 

Loan Fund Appropriation $ 400,000 

Wabash Avenue Extension 

Loan Fund Appropriation S 105,000 

Coldspring South Business Park-Development 

Loan Fund Appropriation $ 600,000 

Pimlico Race Track Impact Program 

State Fund Appropriation $ 406,000 

Dolfield Avenue Commercial Area - Improvements 

Loan Fund Appropriation $ 50,000 

441 



Ord. No. 589 



Brooklyn Business Area - Improvements 

Loan Fund Appropriation $ 

Port Covington Business Park 

Loan Fund Appropriation $ 2,400 

Technology Development Center 

Federal Fund Deappropriation $ (i;000 

Charles Street Corridor - Improvements 

Loan Fund Appropriation S 200 

Inner Harbor I - Public Improvements 

Other Special Fund Appropriation $ 300 

Market Center Public Initiative 

Loan Fund Appropriation $ 780 

Community Development Block Grant Appropriation $ 100 

Power Plant 

General Fund Appropriation. ..." $ 200 

Enterprise Development (Venture Capital) 

Loan Fund Appropriation S 300 

BEDCO - Acquisition/Development 

Loan Fund Appropriation S 1,000. 

State Loan Fund Appropriation S 6,000, 

BEDCO - Site Improvements 

Mayor & City Council Real Property Fund Appropriation $ 2,475, 

Harrison's Wharf 

Community Development Block Grant Appropriation $ 100, 

Govan • s Urban Renewal 

Community Development Block Grant Appropriation $ 85, 

Park Heights Urban Renewal 

Loan Fund Appropriation $ 403, 

Community Development Block Grant Appropriation $ 466, 

Harlem Park Urban Renewal 

Loan Fund Appropriation $ 90, 

Community Development Block Grant Appropriation $ 165, 

Reservoir Hill Urban Renewal 

Community Development Block Grant Appropriation $ 395, 

Sandtown-Winchester Urban Renewal 

Loan Fund Appropriation $ 130,1 

Community Development Block Grant Appropriation S 1,186,| 

Penn-North Metro Area-Urban Renewal 

Loan Fund Appropriation S 

Community Development Block Grant Appropriation $ 

Franklin Square Urban Renewal 

Loan Fund Appropriation S 104, 

Community Development Block Grant Appropriation $ 15, 

Poppleton Urban Renewal 

Community Development Block Grant Appropriation $ 

Sharp-Leadenhall Urban Renewal 

Community Development Block Grant Appropriation $ 

Washington Village Urban Renewal 

Community Development Block Grant Appropriation $ 



442 



Ord. No. 589 



Outer City Southwest Sector Improvement 8 

Loan Fund Appropriation $ 100,000 

Community Development Block Grant Appropriation $ 205,000 

Fairfield Redevelopment /Relocation 

Community Development Block Grant Appropriation S 500,000 

Fells Point - Public Improvements 

Loan Fund Appropriation $ 400,000 

Middle East Urban Renewal 

Community Development Block Grant Appropriation S 409,000 

Washington Hill-Chapel Urban Renewal 

Loan Fund Appropriation $ 10,000 

Community Development Block Grant Appropriation S 309,000 

Outer City Southeast Sector-Improvements 

Loan Fund Appropriation $ 44,000 

Waterfront Improvements 

Loan Fund Appropriation $ 150,000 

East Baltimore Midway Urban Renewal 

Community Development Block Grant Appropriation $ 270,000 

Barclay Urban Renewal 

Loan Fund Appropriation S 414,000 

Community Development Block Grant Appropriation $ 281,000 

Johnston Square Urban Renewal 

General Fund Appropriation $ 100,000 

Community Development Block Grant Appropriation S 365,000 

Oldtown Urban Renewal 

Loan Fund Appropriation $ 45,000 

Oliver Urban Renewal 

Community Development Block Grant Appropriation S 100,000 

Outer City, Central Sector-Improvements 

Loan Fund Appropriation S 100,000 

Broadway East Urban Renewal 

Loan Fund Appropriation S 590,000 

Community Development Block Grant Appropriation $ 310,000 

Housing Assistance Program 

Community Development Block Grant Appropriation $ 310,000 

Deferred Loan Program 

Community Development Block Grant Appropriation S 1,150,000 

Nehemiah Housing Opportunities Program 

Community Development Block Grant Appropriation S 1,000,000 

Neighborhood Housing Services 

Community Development Block Grant Appropriation S 250,000 

Uplift Rehabilitation Program 

Community Development Block Grant Appropriation S 225,000 

Property Management 

Community Development Block Grant Appropriation $ 700,000 

Emergency Demolition Prograun 

Mayor & City Council Real Property Fund Appropriation S 469,000 

Conservation Areas Program 

Loan Fund Appropriation S 2 50,000 

Community Develop>ment Block Grant Appropriation $ 100,000 



443 



Ord. No. 589 



Hardship Repairs for the Elderly Program 

Community Development Block Grant Appropriation S 

Relocation Assistance 

Community Development Block Grant Appropriation $ 200,' 

Neighborhood Services & Improvements Program 

Loan Fund Appropriation $ l,000,i 

Mayor & City Council R^al Property Fund Appropriation $ 150,1 

Neighborhood Incentive Program 

Loan Fund Appropriation $ 300, ( 

Vacant House Initiative 

Loan Fund Appropriation S 500, f - 

Community Development Block Grant Appropriation S 800, ( 

Mayor & City Council Real Property Fund Appropriation S 281, C 

Drop-In Housing - Rehabilitation 

Loan Fund Appropriation $ 

Community Development Block Grant Appropriation $ 

State Action Loans for Targeted Areas 

State Fund Appropriation $ 

Baltimore Jobs In Energy 

Conrununity Development Block Grant Appropriation $ 

JAIL 

Construction Reserve 

General Fund Appropriation $ 

State Fund Appropriation $ 

Provided that the aforegoing Capital Improvement 
Appropriations herein made are for the following: 

City Jail - Expansion 

State Fund Appropriation $ 

City Jail - Industries - Security Hardware 

General Fund Appropriation $ 

City Jail - PCB Transformers - Removal 

General Fund Appropriation $ 

State Fund Appropriation $ 

City Jail - Industries - Fire Exit 

General Fund Appropriation $ 115,0(1 

State Fund Appropriation $ 115, Wj 

City Jail - Industries - Ventilation 

General Fund Appropriation $ 

State Fund Appropriation S 

Male Detention Center - Emergency Lighting 

General Fund Appropriation $ 

State Fund Appropriation $ 

Male Detention Center - Kitchen 

General Fund Appropriation $ 

State Fund Appropriation $ 

Male Detention Center - Lighting Fixtures 

General Fund Appropriation $ 



Ord. No. 589 



State Fund Appropriation $ 40,000 

City Jail - Hospital Generator 

General Fund Appropriation $ 50,000 

State Fund Appropriation $ 50,000 

Male Detention Center - Steam System 

General Fund Appropriation $ 108,000 

State Fund Appropriation $ 108,000 

MAYORALTY - RELATED FUNCTIONS 

ruction Reserve 

General Fund Appropriation S 897,000 

"State Fund Appropriation $ 2,750,000 

Other Special Fund Appropriation S 3,052,000 

County Grant Fund Appropriation $ 100,000 

Provided that the aforegoing Capital Improvement 

Appropriations herein made are for the following: 
City-Wide Facilities Improvements 

General Fund Appropriation $ 307,000 

Baltimore Museum of Industry - Renovation 

General Fund Appropriation $ 200,000 

Other Special Fund Appropriation S 64,000 

County Grant Fund Appropriation $ 100,000 

Maryland Science Center - Expansion 

State Fund Appropriation $ 250,000 

Other Special Fund Appropriation $ 250,000 

Bon Secours Hospital 

State Fund Appropriation $ 2,000,000 

Other Special Fund Appropriation $ 2,000,000 

Pier 6 Concert Pavilion 

State Fund Appropriation $ 500.000 

Other Special Fund Appropriation S 500.000 

Belair Market - Renovation 

General Fund Appropriation. . S 115,000 

Aquarium Open Ocean Exhibit - Renovation 

Other Special Fund Appropriation $ 25,000 

Aquarium Coral Reef Display - Rehabilitation 

Other Special Fund Appropriation S 213,000 

Convention Center - Interior Improvements 

General Fund Appropriation $ 275,000 

CITY LIFE MUSEUM 

ruction Reserve 
General Fund Appropriation $ 152,000 

Provided that the aforegoing Capital Improvement 

Appropriations herein made are for the following: 
Carroll Mansion - Climate Control System 

General Fund Appropriation S 130,000 

City Life Museumg-Renovations 

General Fund Appropriation $ 22,000 

445 



Ord. No. 589 



MUSEUM OF ART 

Construction Reserve 

State Fund Appropriation $ 875 

Other Special Fund Appropriation $ 500 

Provided that the aforegoing Capital Improvement 

Appropriations herein made are for the following: 
Museum of Art - West Wing Construction 

State Fund Appropriation S 875 

Other Special Fund Appropriation S 500 

PUBLIC WORKS 

Construction Reserve - Conduit Construction 

Loan Fund Deappropriation $ (100, 

Other Special Fund Appropriation $ 2,000, 

Provided that the aforegoing Capital Improvement 
Appropriations herein made are for the following: 
Conduit Construction Reserve 

Loan Fund Deappropriation $ (100, 

Other Sp>ecial Fund Appropriation .•....§ 2,000, 

Construction Reserve - General Services 

Loan Fund Appropriation $ 1,000, 

General Fund Appropriation $ 795, 

Motor Vehicle Fund Appropriation S 135, 

Provided that the aforegoing Capital Improvement 

Appropriations herein made are for the following: 
District Police Buildings - Renovations 

General Fund Appropriation $ 140, 

Abandoned Vehicles Storage Center Security 

Motor Vehicle Fund Appropriation S 15, 

Abandoned Vehicles Storage Center Expansion 

Motor Vehicle Fund Appropriation $ 120, 

People's Court Improvements 

General Fund Appropriation $ 15,1 

Studio 33 

General Fund Appropriation S 240, ( 

Asbestos Management Program 

Loan Fund Appropriation $ 1,0 

General Fund Appropriation S 4 

Construction Reserve - Solid Waste 

Mayor & City Council Real Property Fund Appropriation $ 3 

Provided that the aforegoing Capital Improvement 

Appropriation herein made is for the following: 
Camp Small Yard Waste Processing Area 

Mayor & City Council Real Property Fund Appropriation S 3 



446 



Ord. No. 589 



truction Reserve - Storm Water 

General Fund Appropriation $ 100,000 

Federal Fund Appropriation $ 232,000 

State Fund Appropriation $ 444,000 

Motor Vehicle Fund Appropriation $ 3,935,000 

County Grant Fund Appropriation $ 100,000 

Provided that the aforegoing Capital Improvement 

Appropriations herein made are for the following: 
Janney Run/Martin's Creek Storm Drainage 

Motor Vehicle Fund Appropriation $ 2,000,000 

Wilmington Avenue Culvert Replacement 

Motor Vehicle Fund Appropriation $ 500,000 

Wetheredsville Road Drainage Improvements 

Motor Vehicle Fund Appropriation $ 200,000 

Small Storm Drain Repairs 

Motor Vehicle Fund Appropriation § 150,000 

Bedford Place Storm Drain Improvements 

Motor Vehicle Fund Appropriation $ 10,000 

Pressbury Street Storm Drain - Construction 

Motor Vehicle Fund Appropriation S 50,000 

Elsinore Ave. /Chelsea Terrace Storm Drain 

Motor Vehicle Fund Appropriation S 940,000 

Chinquapin Run Channel Repair 

Motor Vehicle Fund Appropriation S 20,000 

DeSoto Road/ 1-95 Storm Drain - Construction 

Motor Vehicle Fund Appropriation $ 30,000 

Dixon Hill Storm Drain - Construction 

Motor Vehicle Fund Appropriation S 20,000 

Herring Run Pollution Control 

State Fund Appropriation S 214,000 

Lake Roland Dredging 

General Fund Appropriation $ 100,000 

Federal Fund Appropriation $ 232,000 

State Fund Appropriation. $ 150,000 

County Grant Fund Appropriation $ 100,000 

Jones Falls Aeration 

State Fund Appropriation $ 80,000 

Jones Falls Streambank South of Cold Spring 

Motor Vehicle Fund Appropriation $ 15,000 

truction Reserve - Waste Water 

Revenue Bond Fund Appropriation $ 23,946,000 

Waste Water Utility Fund Appropriation $ 570,000 

State Fund Appropriation $ 3,440,000 

County Grant Fund Appropriation $ 24,936,000 

Provided that the aforegoing Capital Improvement 

Appropriations herein made are for the following: 
Back River - New Advanced Treatment Area 

Revenue Bond Fund Appropriation $ 11,870,000 



447 



Ord. No. 589 



County Grant Fund Appropriation § 11,870, 

Mapping Program - Waste Water System 

Waste Water Utility Fund Appropriation $ 170 

Back River Plant - Monitoring System - Installation 

Revenue Bond Fund Appropriation $ 1,521 

County Grant Fund Appropriation $ 1,522 

Waste Water System - Annual Improvements 

Waste Water Utility Fund Appropriation S 300, 

County Grant Fund Appropriation S 300, 

Back River - Secondary Treatment I-Upgrading 

State Fund Appropriation $ 3,190, 

Patapsco Plant - Expansion 

Revenue Bond Fund Appropriation $ 2,106, 

County Grant Fund Appropriation $ 3,744, 

Back River - Sludge Dewatering Facilities 

Revenue Bond Fund Appropriation $ 3,560, 

County Grant Fund Appropriation $ 3,560, 

Back River Plant - Sludge Thickeners 

Revenue Bond Fund Appropriation S 2,690, 

County Grant Fund Appropriation $ 2,690,( 

Patapsco Plant - Sludge Facilities - Renovation 

Revenue Bond Fund Appropriation $ 150, ( 

County Grant Fund Appropriation $ 350, ( 

Waste Water Treatment Plants - Plan Updates 

Revenue Bond Fund Appropriation S 200, C 

State Fund Appropriation $ 250, C 

County Grant Fund Appropriation $ 300, C 

Sewer Replacement Projects 

Revenue Bond Fund Appropriation $ 500, C 

Small Sewer Extensions and Improvements 

Revenue Bond Fund Appropriation $ 600,0 

Waste Water Utility Fund Appropriation S 100,0 

Infiltration/Inflow Correction Program 

Revenue Bond Fund Appropriation $ 500,0 

Cedar Hill Interceptor Sewer - Construction 

County Grant Fund Appropriation S 600,0 

Extraordinary Capital Projects 

Revenue Bond Fund Appropriation $ 249,0 

Construction Reserve - Water 

Revenue Bond Fund Appropriation S 5,950,0* 

Water Utility Fund Appropriation $ 480,01 

Motor Vehicle Fund Appropriation S 3,000,0« 

Other Special Fund Appropriation S 2,090,0( 

County Grant Fund Appropriation S 3,710,0( 

Provided that the aforegoing Capital Improvement 
Appropriations herein made are for the following: 
Water Storage Tanks Maintenance Program 

Revenue Bond Fund Appropriation S 

County Grant Fund Appropriation $ 

448 



Ord. No. 589 

Water Supply System - Annual Improvements 

Water Utility Fund Appropriation § 200,000 

County Grant Fund Appropriation $ 200,000 

Ashburton Sludge Disp>osal Facilities 

Revenue Bond Fund Appropriation $ 190,000 

County Grant Fund Appropriation $ 170,000 

Watershed Roads and Bridges - Maintenance 

Revenue Bond Fund Appropriation $ 500,000 

County Grant Fund Appropriation $ 320,000 

Guilford Chlorinator Station - Rehabilitation 

Water Utility Fund Appropriation $ 30,000 

Ashburton & Vernon Pumping Stations - Repairs 

Water Utility Fund Appropriation $ 80,000 

Montebello Plant-Lab/Of f ice/Shop Building 

Revenue Bond Fund Appropriation S 290,000 

County Grant Fund Appropriation $ 190,000 

Water System Meter Shop - Renovation 

Revenue Bond Fund Appropriation $ 420,000 

County Grant Fund Appropriation S 280,000 

Mapping Program - Water Supply System 

Water Utility Fund Appropriation $ 170,000 

Water Main Cleaning Program 

Revenue Bond Fund Appropriation 5 4,000,000 

Water Mains - Installation 

Other Special Fund Appropriation S 2,000,000 

Paper Mill Road Bridge - Replacement 

Motor Vehicle Fund Appropriation. . . . $ 3,000,000 

County Grant Fund Appropriation S 1,840,000 

Conowingo Intake - Improvements 

Revenue Bond Fund Appropriation $ 10,000 

Other Special Fund Appropriation $ 40,000 

County Grant Fund Appropriation $ 30,000 

Susquehanna Supply System Modifications 

Revenue Bond Fund Appropriation $ 20,000 

Other Special Fund Appropriation S 50,000 

County Grant Fund Appropriation $ 40,000 

Reservoir Embankment Improvements 

Revenue Bond Fund Appropriation S 50,000 

County Grant Fund Appropriation $ 30,000 

Loch Raven Dam - Rehabilitation 

Revenue Bond Fund Appropriation S 460,000 

County Grant Fund Appropriation S 290,000 

RECREATION AND PARKS 

truction Reserve - Parks 

General Fund Appropriation $ 250,000 

State Fund Appropriation $ 1,250,000 

Motor Vehicle Fund Appropriation S 100,000 

Mayor & City Council Real Property Fund Appropriation S 5,000 

449 



Ord. No. 589 



County Grant Fund Appropriation $ 

State Open Space Fund Appropriation $ 

Provided that the aforegoing Capital Improvement 

Appropriations herein made are for the following: 
Recreation Center Maintenance Program 

General Fund Appropriation $ 50, 

State Open Space Fund Appropriation $ 131, 

Street Tree Planting Prograun 

Motor Vehicle Fund Appropriation $ 100, 

Park Rehabilitation Program 

State Op>en Space Fund Appropriation S 686, 

Mayor & City Council Real Projserty Fund Appropriation S 5, 

Baltimore Playlot Project 

State Open Space Fund Appropriation $ 400, 

Acquisition of Park Prop)erty 

State Open Space Fund Appropriation $ 73, 

Park Buildings Modernization - FY 1991 

General Fund Appropriation $ 50, 

State Open Space Fund Appropriation $ 150, 

Lake Roland Dam Rehabilitation 

State Fund Appropriation $ 500, 

County Grant Fund Appropriation $ 100, 

Facility Condition Survey 

General Fund Appropriation $ 150, 

Federal Hill Park - Rehabilitation 

State Fund Appropriation. $ 750, 

BALTIMORE ZOO 

Construction Reserve 

Loan Fund Appropriation $ 1,500, 

State Fund Appropriation $ 750, 

Other Special Fund Appropriation $ 1,718, 

Provided that the aforegoing Capital Improvement 
Appropriation herein made are for the following: 
Baltimore Zoo - African Watering Hole Exhibit 

Other Special Fund Appropriation S 568, < 

Baltimore Zoo - Great Ape Exhibit - Construction 

Loan Fund Appropriation $ 1,500,1 

State Fund Appropriation $ 750," 

Other Special Fund Appropriation $ 850,.< 

Baltimore Zoo - Entrance Facility Construction 

Other Special Fund Appropriation S 300,1 

TRANSPORTATION [ 

Construction Reserve - Alley and Footway Paving 

Motor Vehicle Fund Appropriation $ 2,850,( 

Other Special Fund Appropriation $ 2,600,( 

Provided that the aforegoing Capital Improvement 

Appropriations herein made are for the following: v 

450 \ 



Ord. No. 589 

Footway Paving Construction Reserve 

Motor Vehicle Fund Appropriation $ 150,000 

Other Special Fund Appropriation $ 600,000 

Alley Paving Construction Reserve 

Motor Vehicle Fund Appropriation $ 2,000,000 

Other Special Fund Appropriation $ 2,000,000 

Sidewalks Damaged by Tree Roots - Repair 

Motor Vehicle Fund Appropriation $ 700,000 

truction Reserve - Highways Construction 

Federal Fund Appropriation $ 14,415,000 

Motor Vehicle Fund Appropriation $ 28,836,000 

Other Special Fund Appropriation $ 2,025,000 

Provided that the aforegoing Capital Improvement 

Appropriations herein made are for the following: 
Port Covington Commons - Street Construction 

Motor Vehicle Fund Appropriation $ 2,000,000 

Strathmore Avenue Reconstruction 

Federal Fund Appropriation $ 743,000 

Motor Vehicle Fund Appropriation S 131,000 

Bond Street Reconstruction 

Motor Vehicle Fund Appropriation $ 990,000 

Pall Mall Road - Reconstruction 

Motor Vehicle Fund Appropriation $ 150,000 

Denview Way - Reconstruction 

Motor Vehicle Fund Appropriation S 442,000 

Edmondson Avenue - Resurfacing 

Motor Vehicle Fund Appropriation S 875,000 

Elkins Lane - Reconstruction 

Motor Vehicle Fund Appropriation $ 20,000 

Moravia Road - Reconstruction 

Motor Vehicle Fund Appropriation S 200,000 

Orleans Street - Reconstruction 

Motor Vehicle Fund Appropriation $ 100,000 

Pimlico Road - Reconstruction 

Motor Vehicle Fund Appropriation $ 70,000 

Ponca Street Widening/Reconstruction 

Federal Fund Appropriation $ 1,020,000 

Motor Vehicle Fund Appropriation S 180,000 

Relcrest Road Reconstruction 

Motor Vehicle Fund Appropriation S 405,000 

Washington Boulevard - Resurfacing 

Motor Vehicle Fund Appropriation S 654,000 

Roslyn Avenue - Reconstruction 

Motor Vehicle Fund Appropriation $ 119,000 

Cook Avenue - Reconstruction 

Motor Vehicle Fund Appropriation S 250,000 

1-895 Hopkins/Bayview Ramp & Ponca Street 

Motor Vehicle Fund Appropriation $ 200,000 



451 



Ord. No. 589 



Martin Luther King Boulevard Modification 

Motor Vehicle Fund Appropriation $ 1,400, 

Elsinore Avenue - Reconstruction 

Motor Vehicle Fund Appropriation $ 777, 

Liberty Heights Avenue Bridge (EC #2201) 

Motor Vehicle Fund Appropriation $ 200, 

Light Rail Transit System 

Motor Vehicle Fund Appropriation $ 5,000,' 

Knox Court - Reconstruction 

Motor Vehicle Fund Appropriation S 115, ( 

Caroline Street - Reconstruction 

Motor Vehicle Fund Appropriation $ 1,400,1 

Thames Street - Reconstruction 

Motor Vehicle Fund Appropriation $ 1,000,( 

Duvall Avenue Reconstruction 

Motor Vehicle Fund Appropriation $ 32, ( 

Piedmont Avenue - Reconstruction 

Motor Vehicle Fund Appropriation $ 53, ( 

Alto Road - Reconstruction 

Motor Vehicle Fund Appropriation $ 180,(1 

Sheridan Avenue - Reconstruction ; 

Motor Vehicle Fund Appropriation $ ^°'M 

Booth Street (Fulton to End) Reconstruction ;i 

Motor Vehicle Fund Appropriation $ 154, Ci 

DeSoto Road Reconstruction 

Motor Vehicle Fund Appropriation S 130,0 

Cold Spring Lane (Hillen-St. Georges) 

Motor Vehicle Fund Appropriation S 707,0 

Forest Hill Avenue Reconstruction 

Motor Vehicle Fund Appropriation $ 30,0 

Williston Street